{"id":"C2004A03679","name":"Fair Work (Registered Organisations) Act 2009","slug":"fair-work-registered-organisations-act-2009","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"86 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36554,"registerId":"commonwealth-C2004A03679-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.","content":"Part 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.","content":"Part 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.","content":"Part 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\n","sortOrder":2},{"sectionNumber":"Div 4","sectionType":"division","heading":"provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.","content":"Division 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 1 Types of associations that may apply for registration\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 18 Employer and employee associations may apply\n\n## 18A Federally registrable employer associations\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n## 18B Federally registrable employee associations\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n## 18C Federally registrable enterprise associations\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n## 18D Constitutional validity\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n## Division 2 Registration criteria\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 19 Criteria for registration of associations other than enterprise associations\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n## 20 Criteria for registration of enterprise associations\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n## Division 3 Prohibited conduct in relation to formation or registration of employee associations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 21 Prohibited conduct—employers\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n## 22 Prohibited conduct—organisations\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n## 23 Powers of Federal Court in relation to prohibited conduct\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n## 24 Certain actions considered to be done by organisation or employer\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n## Division 4 Registration process\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 25 Applicant for registration may change its name or alter its rules\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n## 26 Registration\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n## 26A Validation of registration\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n## 27 Incorporation\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n## Part 3 Cancellation of registration\n\n## 28 Application for cancellation of registration\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n## 29 Orders where cancellation of registration deferred\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n## 30 Cancellation of registration on technical grounds etc.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n## 31 Cancellation to be recorded\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n## 32 Consequences of cancellation of registration\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\n## Part 4 FWC’s powers under this Chapter\n\n## 33 Powers exercisable by President, a Vice President or a Deputy President\n\n## 34 Simplified outline\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n## Part 2 Amalgamation of organisations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 35 Definitions\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n## 36 Procedure to be followed for proposed amalgamation etc.\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n## 37 Exercise of the FWC’s powers under this Part\n\n## Division 2 Preliminary matters\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 38 Federations\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n## 39 Use of resources to support proposed amalgamation\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n## Division 3 Commencement of amalgamation procedure\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 40 Scheme for amalgamation\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n## 41 Alternative scheme for amalgamation\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n## 42 Approval by committee of management\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n## 43 Community of interest declaration\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n## 44 Application for approval for submission of amalgamation to ballot\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n## 45 Holding office after amalgamation\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n## 46 Application for exemption from ballot\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n## 47 Application for ballot not conducted under section 65\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n## 48 Lodging “yes” case\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n## Division 4 Role of AEC\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 49 Ballots to be conducted by AEC\n\n## 50 Notification of AEC\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n## 51 Providing information etc. to electoral officials\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n## 52 Declaration by secretary etc. of organisation\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n## Division 5 Procedure for approval of amalgamation\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 53 Fixing hearing in relation to amalgamation etc.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n## 54 Submissions at amalgamation hearings\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n## 55 Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n## 56 Objections in relation to amalgamation involving extension of eligibility rules etc.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n## 57 Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n## 58 Fixing commencing and closing days of ballot\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n## 59 Roll of voters for ballot\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n## 60 “Yes” case and “no” case for amalgamation\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n## 61 Alteration and amendment of scheme\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n## 62 Outline of scheme for amalgamation\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n## 63 Exemption from ballot\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n## 64 Approval for ballot not conducted under section 65\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n## 65 Secret postal ballot of members\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n## 66 Determination of approval of amalgamation by members\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n## 67 Further ballot if amalgamation not approved\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n## 68 Post‑ballot report by AEC\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n## 69 Inquiries into irregularities\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n## 70 Approval of amalgamation\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n## 71 Expenses of ballot\n\n## 72 Offences in relation to ballot\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n## Division 6 Amalgamation taking effect\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 73 Action to be taken after ballot\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n## 74 Assets and liabilities of de‑registered organisation become assets and liabilities of amalgamated organisation\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n## 75 Resignation from membership\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n## 76 Effect of amalgamation on modern awards, orders and enterprise agreements\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n## 77 Effect of amalgamation on agreement under section 151\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n## 78 Instruments\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n## 79 Pending proceedings\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n## 80 Division applies despite laws and agreements prohibiting transfer etc.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n## 81 Amalgamated organisation to take steps necessary to carry out amalgamation\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n## 82 Certificates in relation to land and interests in land\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n## 83 Certificates in relation to charges\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n## 84 Certificates in relation to shares etc.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n## 85 Certificates in relation to other assets\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n## 86 Other matters\n\n## 87 Federal Court may resolve difficulties\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n## Division 7 Validation\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 88 Validation of certain acts done in good faith\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n## 89 Validation of certain acts after 4 years\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n## 90 Orders affecting application of section 88 or 89\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n## 91 Federal Court may make orders in relation to consequences of invalidity\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n## Part 3 Withdrawal from amalgamations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 92 Object of Part\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n## 93 Definitions etc.\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n## Division 2 Ballots for withdrawal from amalgamated organisations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 94 Applications to the FWC for ballots\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n## 95 Outline of proposed withdrawal\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n## 96 Filing the “yes” case\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n## 97 Filing the “no” case\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n## 98 Provisions relating to outlines and statements of “yes” and “no” cases\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n## 99 Notifying of applications for ballots\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n## 100 Orders for ballots\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n## 101 Financial members only eligible to vote\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n## 102 Conduct of ballots\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n## 103 Providing information etc. to electoral officials\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n## 104 Declaration by secretary etc. of organisation\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n## 105 Offences in relation to ballots\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n## 106 Certificate showing particulars of the ballot\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n## 107 Post‑ballot report by AEC\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n## 108 Inquiries into irregularities\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n## 108A Powers of the FWC to be exercised by President or Full Bench\n\n## Division 3 Giving effect to ballots\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 109 Determining the day of withdrawal\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n## 110 Registration of constituent part\n\n## 111 Choice of organisation following withdrawal of separately identifiable constituent part\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n## 112 Members of amalgamated organisation may join newly registered organisation\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n## 113 Orders of the FWC, modern awards etc. made before withdrawal\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n## 113A Enterprise agreements made after withdrawal\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n## 114 Effect of withdrawal on agreement under section 151\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n## 115 Instruments\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n## 116 Pending proceedings\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n## 117 Division applies despite laws and agreements prohibiting transfer etc.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n## 118 Amalgamated organisation, constituent part and newly registered organisation to take necessary steps\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n## 119 Certificates in relation to land and interests in land\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n## 120 Certificates in relation to charges\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n## 121 Certificates in relation to shares etc.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n## 122 Certificates in relation to other assets\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n## 123 Holding office after withdrawal\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n## 124 Other matters\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n## 125 Federal Court may resolve difficulties\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n## Division 4 Validation\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 126 Validation of certain acts done in good faith\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n## 127 Validation of certain acts after 4 years\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n## 128 Orders affecting application of section 126 or 127\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n## 129 Federal Court may make orders in relation to consequences of invalidity\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n## Division 5 Miscellaneous\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 130 Certain actions etc. not to constitute breach of rules of amalgamated organisation\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n## 131 Amalgamated organisation not to penalise members etc.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\n## Part 1 Simplified outline\n\n## 132 Simplified outline\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n## Part 2 Representation orders\n\n## 133 Orders about representation rights of organisations of employees\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n## 134 Preconditions for making of orders\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n## 135 Factors to be taken into account by the FWC\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n## 136 Order may be subject to limits\n\n## 137 Organisation must comply with order\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\n## Part 3 Representation orders for workplace groups\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n## 137A Orders about representation rights of organisations of employees\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n## 137B Factors to be taken into account by the FWC\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n## 137C Submissions by peak councils\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n## 137D Order may be subject to limits\n\n## 137E Organisation must comply with order\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n## Part 4 Miscellaneous\n\n## 137F FWC may make orders reflecting State representation orders\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n## 138 Exercise of the FWC’s powers under this Chapter\n\n## 138A Representation rights of former State‑registered associations\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\n## 139 Simplified outline\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n## Part 2 Rules of organisations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 140 Organisations to have rules\n\n## 141 Rules of organisations\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n## 142 General requirements for rules\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n## 142A Model rules for policies relating to expenditure\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n## Division 2 Rules relating to elections for office\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 143 Rules to provide for elections for offices\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n## 144 Rules to provide for elections for office by secret postal ballot\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n## 145 Rules to provide for terms of office\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n## 146 Rules may provide for filling of casual vacancies\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n## 147 Model rules for conduct of elections\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n## Division 3 Rules relating to conduct of officers and employees\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 148 Model rules about conduct of officers and employees\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n## Division 4 Other rules\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Subdivision A Loans, grants and donations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 149 Rules to provide conditions for loans, grants and donations by organisations\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n## Subdivision B Agreements between organisations and State unions\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 150 Definitions\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n## 151 Membership agreements\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n## 152 Assets and liabilities agreements\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n## 153 Party to section 152 agreement may apply to Federal Court for orders\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n## 154 Termination of section 152 agreement\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n## Subdivision BA Branches of organisations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 154A Branch autonomy\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n## 154B Branch funds\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n## Subdivision C Miscellaneous\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 155 Exercise of the FWC’s powers under this Division\n\n## Division 5 Alteration of rules and evidence of rules\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 156 General Manager may determine alterations of rules\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n## 157 FWC may determine alteration of rules where there has been a breach of an undertaking\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n## 158 Change of name or alteration of eligibility rules of organisation\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n## 158A Alteration of eligibility rules of organisation by General Manager\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n## 159 Alteration of other rules of organisation\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n## 160 Certain alterations of rules to be recorded\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n## 161 Evidence of rules\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n## 162 Powers of the FWC\n\n## Part 3 Validity and performance of rules etc\n\n## 163 Rules contravening section 142\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n## 164 Directions for performance of rules\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n## 164A Directions to rectify breach of rule of organisation\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n## 164B Orders under sections 164 and 164A\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\n## 165 Simplified outline\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n## Part 2 Entitlement to membership\n\n## 166 Entitlement to become and to remain a member\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n## 167 Federal Court may declare on person’s entitlement to membership\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n## 168 Application for membership of organisation by person treated as having been a member\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n## 169 Request by member for statement of membership\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n## 170 Rectification of register of members\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n## Part 3 Termination of membership\n\n## 171 Federal Court may order that persons cease to be members of organisations\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n## 171A Cessation of membership if member is not an employee etc.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n## 172 Non‑financial members to be removed from the register\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n## 173 No entrance fee if person re‑joins within 6 months\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n## 174 Resignation from membership\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n## Part 4 False information, disputes and arrears of dues\n\n## 175 False representation as to membership of organisation\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n## 176 False representation about resignation from organisation\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n## 177 Disputes between organisations and members\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n## 178 Recovery of arrears\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n## 179 Liability for arrears\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n## Part 5 Conscientious objection to membership\n\n## 180 Conscientious objection to membership of organisations\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\n## 181 Simplified outline\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n## Part 2 Conduct of elections for office and other positions\n\n## 182 Conduct by AEC\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n## 183 Application for organisation or branch to conduct its elections for office\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n## 184 Objections to application to conduct elections for office\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n## 185 Threats etc. in relation to section 184 objections\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n## 186 General Manager may permit organisation or branch to conduct its elections for office\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n## 187 Organisation may ask AEC to conduct elections for positions other than offices\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n## 188 Declaration envelopes etc. to be used for postal ballots\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n## 189 General Manager to arrange for conduct of elections\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n## 190 Organisation or branch must not assist one candidate over another\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n## 191 Organisation to provide returning officer with copy of register\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n## 192 Declaration by secretary etc. of organisation\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n## 193 Provisions applicable to elections conducted by AEC\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n## 194 Hindering or obstructing electoral official or other person\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n## 195 Improper interference with election process\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n## 196 Death of candidate\n\n## 197 Post‑election report by AEC\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n## 198 Organisation to respond to adverse report on rules\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n## 199 Ballot papers etc. to be preserved\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n## Part 3 Inquiries into elections for office\n\n## 200 Application for inquiry\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n## 201 Instituting of inquiry\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n## 202 Federal Court may authorise General Manager to take certain action\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n## 203 Identity cards\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n## 204 Interim orders\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n## 205 Procedure at hearing\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n## 206 Action by Federal Court\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n## 207 General Manager to make arrangements for conduct of elections etc.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n## 208 Enforcement of orders\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n## 209 Validity of certain acts etc. where election declared void\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\n## Part 4 Disqualification from office\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 1 Simplified outline of Part\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 210 Simplified outline\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\n## Division 2 Persons who have been convicted of a prescribed offence\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 211 Simplified outline of Division\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n## 212 Meaning of prescribed offence\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n## 213 Meaning of convicted of a prescribed offence\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n## 213A Meaning of exclusion period and reduced exclusion period\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n## 214 Certificate of registrar etc. is evidence of facts\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n## 215 Certain persons disqualified from holding office in organisations\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n## 216 Application for leave to hold office in organisations by prospective candidate for office\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n## 217 Application for leave to hold office in organisations by office holder\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n## 218 Federal Court to have regard to certain matters\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n## 219 Action by Federal Court\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n## 220 Part not to affect spent convictions scheme\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n## 229 Simplified outline\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n## Part 2 Records to be kept and lodged by organisations\n\n## 230 Records to be kept and lodged by organisations\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n## 231 Certain records to be held for 7 years\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n## 232 Offence to interfere with register or copy\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n## 233 Obligation to lodge information with the FWC\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n## 234 Storage of records\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n## 235 General Manager may authorise access to certain records\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n## 236 General Manager may direct organisation to deliver copy of records\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n## 237 Organisations to notify particulars of loans, grants and donations\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n## Part 3 Accounts and audit\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 238 Simplified outline\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n## 239 Part only applies to financial years starting after registration\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n## 240 Financial years—change in financial year\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n## 241 Exemptions from certain Australian Accounting Standards\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n## Division 2 Reporting units\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 242 What is a reporting unit?\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n## 243 Designated officers\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n## 244 Members, staff and journals etc. of reporting units\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n## 245 Determination of reporting units\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n## 246 Determination of reporting units—application by organisation\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n## 247 Determination of reporting units—General Manager initiative\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n## 248 Determination of reporting units—years certificate applies to\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n## 249 Determination of reporting units—revocation of certificates\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n## 250 Determination of reporting units—rule alterations\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n## 251 Determination of reporting units—later certificate revokes earlier certificate\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n## Division 3 Accounting obligations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Subdivision A General obligations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 252 Reporting unit to keep proper financial records\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n## 253 Reporting unit to prepare general purpose financial report\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n## 254 Reporting unit to prepare operating report\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n## Subdivision B Reporting guidelines\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 255 Reporting guidelines\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n## Division 4 Auditors\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Subdivision A Registration of auditors\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 255A Applications may be made for registration as an auditor\n\n## 255B Registration by General Manager\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n## 255C Circumstances in which a person meets educational etc. requirements\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n## 255D General Manager must give an opportunity to be heard before refusal and written notice of decision\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n## 255E Refusal to grant an application for registration\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n## 255F General Manager must give certificate of registration\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n## 255G Cancellation and suspension of registration—general\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n## 255H Cancellation and suspension of registration—person no longer a registered company auditor\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n## 255J Written notice to be given of cancellation or suspension of registration\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n## 255K Registered auditors to advise of material changes in circumstance etc.\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n## 255L General Manager may request further information\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n## 255M Basis of registration\n\n## 255N Regulations\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n## Subdivision B Audits\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 256 Auditors of reporting units\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n## 256A Limited term to play significant role in audit of a reporting unit\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n## 257 Powers and duties of auditors\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n## 258 Obstruction etc. of auditors\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n## 259 Reporting unit to forward notices etc. to auditor\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n## 260 Auditor entitled to attend meetings at which report presented\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n## 261 Auditors and other persons to enjoy qualified privilege in certain circumstances\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n## 262 Fees and expenses of auditors\n\n## 263 Removal of auditor\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n## 264 Resignation of auditor\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n## Division 5 Reporting requirements\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 265 Copies of full report or concise report to be provided to members\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n## 266 Full report to be presented to meetings\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n## 267 Comments by committee members not to be false or misleading\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n## 268 Reports etc. to be lodged with the FWC\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n## Division 6 Reduced reporting requirements for particular reporting units\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 269 Reporting units with substantial common membership with State registered bodies\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n## 270 Organisations with income of less than certain amount\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n## 271 Exemption from this Part of certain reporting units\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n## Division 7 Members’ access to financial records\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 272 Information to be provided to members or General Manager\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n## 273 Order for inspection of financial records\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n## 274 Frivolous or vexatious applications\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n## 275 Ancillary orders\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n## 276 Disclosure of information acquired in inspection\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n## 277 Reporting unit or committee of management may allow member to inspect books\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n## 278 FWC to be advised of breaches of Part or rules etc. found during inspection\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n## 279 Constitution of the FWC\n\n## Part 4 Access to organisations’ books\n\n## 280 Right of access to organisation’s books\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\n## 281 Simplified outline\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n## Part 2 General duties in relation to the financial management of organisations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 282 Simplified outline\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n## 283 Part only applies in relation to financial management\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n## 284 Meaning of involved\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n## Division 2 General duties in relation to the financial management of organisations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 285 Care and diligence—civil obligation only\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n## 286 Good faith—civil obligations\n\n## 287 Use of position—civil obligations\n\n## 288 Use of information—civil obligations\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n## 289 Effect of ratification by members\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n## 290 Compliance with statutory duties\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n## 290A Good faith, use of position and use of information—criminal offences\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n## 291 Interaction of sections 285 to 289 and 290A with other laws etc.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n## 292 Reliance on information or advice provided by others\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n## 293 Responsibility for actions of other person\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\n## Part 2A Disclosure obligations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 293A Simplified outline\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n## Division 2 Disclosure obligations and restrictions on taking part in making decisions\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 293B Disclosure of remuneration paid to officers\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n## 293BA Immediate disclosure\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n## 293BB Standing disclosure of remuneration\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n## 293BC Disclosure of certain remuneration and benefits by organisations and branches\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n## 293C Disclosure of material personal interests of officers\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n## 293D Officer may give members of committee of management standing notice about an interest\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n## 293E Interaction of section 293C and 293D with other laws\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n## 293F Restrictions on taking part in making decisions\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n## 293G Disclosure of payments made by an organisation or a branch\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n## 293H Section 293G—order for alternative disclosure arrangement\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n## Division 3 Officer and related party disclosure statements\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 293J Officer and related party disclosure statements\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n## Division 4 Training in relation to financial duties\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 293K Officers to undertake approved training\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n## 293L Approved training\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n## 293M General Manager may grant exemption from financial training\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\n## Part 3 General duties in relation to orders and directions\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 294 Simplified outline\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n## 295 Meaning of involved\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n## 296 Application to officers and employees of branches\n\n## Division 2 General duties in relation to orders and directions\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 297 Order or direction applying to organisation—civil obligation\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n## 298 Prohibition order or direction applying to organisation—civil obligation\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n## 299 Order or direction applying to officer—civil obligation\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n## 300 Prohibition order or direction applying to officer—civil obligation\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n## 301 Order or direction applying to employee—civil obligation\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n## 302 Prohibition order or direction applying to employee—civil obligation\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n## 303 Order or direction applying to member of organisation—civil obligation\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n## 303A Application of this Division\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\n## 304 Simplified outline\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n## Part 2 Civil penalties\n\n## 305 Civil penalty provisions\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n## 306 Pecuniary penalty orders that the Federal Court may make\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n## 307 Compensation orders\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n## 307A Disqualification orders\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n## 308 Other orders\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n## 309 Effect of section 307\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n## 310 Who may apply for an order\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n## 311 Civil proceedings after criminal proceedings\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n## 312 Criminal proceedings during civil proceedings\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n## 313 Criminal proceedings after civil proceedings\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n## 314 Evidence given in proceedings for penalty not admissible in criminal proceedings\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n## 315 Relief from liability for contravention of civil penalty provision\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n## 316 Power to grant relief\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n## Part 3 Infringement notices\n\n## 316A Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n## 316B Infringement officers\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n## Part 4 Enforceable undertakings\n\n## 316C Enforceable undertakings\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\n## 317 Simplified outline\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n## Part 2 Validating provisions for organisations\n\n## 318 Definition\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n## 319 Validation of certain acts done in good faith\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n## 320 Validation of certain acts after 4 years\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n## 321 Order affecting application of section 319 or 320\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n## 322 Federal Court may make orders in relation to consequences of invalidity\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n## 323 Federal Court may order reconstitution of branch etc.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n## Part 2A Administration of the Construction and General Division of the CFMEU and its branches\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 1 Scheme for administration\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 323A Construction and General Division and its branches are placed under administration\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n## 323B Scheme for the administration of the Construction and General Division and its branches\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n## 323C Appointment etc. of administrator\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n## 323D Variation and revocation of scheme\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n## 323E 5 year sunset\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n## 323F Scheme etc. has effect despite this Act etc.\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n## 323G Actions under scheme\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n## 323H Alteration of rules under scheme\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n## 323HA Complaints procedure\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n## 323J Costs of administration\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n## 323K Functions of administrator\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n## 323L Provision of assistance to administrator\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n## 323M Administrator’s remuneration etc.\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n## Division 2 Persons removed from office etc. as a result of scheme for administration\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 323MA Application of this Division\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n## 323MB Removed person must not become an officer or employee etc. in organisation without a certificate\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n## 323MC Certificate to hold office\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n## 323MD Certificate to be employed or engaged by an organisation\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n## 323ME Division not to affect spent convictions scheme\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n## Division 3 Other matters relating to the administration\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 323N Administrator not liable to civil proceedings for actions in good faith etc.\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n## 323P Anti‑avoidance provision\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n## 323Q Involvement in contravention treated in same way as actual contravention\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n## 323R Section 604 of the Fair Work Act does not apply to decisions made for the purposes of this Part\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n## 323S Compensation for acquisition of property\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n## 323T Reporting by administrator\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n## Part 3 Financial assistance and costs\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 1 Financial assistance\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 324 Authorisation of financial assistance\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n## 325 Federal Court may certify that application was reasonable\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n## 326 Applications under sections 163, 164, 164A and 167\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n## 327 Fees for 2 counsel not normally to be paid\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n## 328 Powers of Federal Court not affected\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n## Division 2 Costs\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 329 Costs only where proceeding instituted vexatiously etc.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n## Part 3A Functions of General Manager\n\n## 329A Functions of the General Manager\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n## 329C Minister may require reports\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n## 329D Annual report\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n## Part 3B Information sharing\n\n## 329G When information may be disclosed\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n## Part 4 Inquiries and investigations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 1 Inquiries\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 330 General Manager may make inquiries\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n## Division 2 Investigations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 331 General Manager may conduct investigations\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n## 332 Investigations arising from auditor’s report\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n## 333 Investigations arising from request from members\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n## 334 Investigations arising from referral under section 278\n\n## 335 Conduct of investigations\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n## 335B Investigations to be completed as soon as practicable\n\n## Division 3 Questioning on oath or affirmation\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 335C When this Division applies\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n## 335D Requirements made of attendee\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n## 335E Questioning to take place in private\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n## 335F Attendee’s lawyer\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n## 335G Record of statements\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n## 335H Copies given subject to conditions\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n## Division 4 Powers in relation to documents\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 335K Application for warrant to seize documents\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n## 335L Grant of warrant\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n## 335M Execution of warrant\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n## 335N Powers in relation to documents produced or seized\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n## 335P Powers if documents not produced\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n## 335Q Power to require person to identify property of an organisation\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n## Division 5 Action following investigations\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 336 Action in relation to reporting units\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n## Division 6 Offences\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 337 Offences in relation to investigation by General Manager\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n## 337AA Strict liability offences\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n## 337AB Obstructing person acting under this Part\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n## 337AC Concealing documents relevant to investigation\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n## 337AD Self‑incrimination\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n## 337AE Legal professional privilege\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n## Division 7 Evidentiary use of certain material\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 337AF Statements made on oath or affirmation during an investigation—proceedings against attendee\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n## 337AG Statements made on oath or affirmation during an investigation—other proceedings\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n## 337AH Weight of evidence admitted under section 337AG\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n## 337AJ Objection to admission of statements made on oath or affirmation during an investigation\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n## 337AK Copies of, or extracts from, certain documents\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n## 337AL Material otherwise admissible\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n## Division 8 Miscellaneous\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 337AM Evidence of authority\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n## 337AN Application of Evidence Act\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n## 337AP Allowances and expenses\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n## 337AQ Compliance with Part\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n## Part 4A Protection for whistleblowers\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 1 Protected disclosures\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 337A Disclosures qualifying for protection under this Part\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n## Division 2 Protections\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 337B Disclosure that qualifies for protection not actionable etc.\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n## 337BA What constitutes taking a reprisal\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n## 337BB Civil remedies\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n## 337BC Costs only if proceedings instituted vexatiously etc.\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n## 337BD Civil penalties\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n## 337BE Criminal offences\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n## 337BF Interaction between civil remedies, civil penalties and criminal offences\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n## 337BG Protections have effect despite other Commonwealth laws\n\n## Division 3 Investigation of protected disclosures\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 337C Allocation of handling of disclosure\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n## 337CA Investigation of disclosure\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n## 337CB Time limit for investigations under this Division\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n## 337CC Regulations in relation to allocation and investigation\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n## 337CD Disclosure to enforcement agencies\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n## 337CE Protection of witnesses etc.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n## Division 4 Miscellaneous\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 337D Reference to this Part\n\n## 337DA Liability for acts and omissions\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n## 337DB Concurrent operation of State and Territory laws\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n## 337DC Law relating to legal professional privilege not affected\n\n## 337DD Other investigative powers etc. not affected\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n## Part 4B Functions and powers of the FWC\n\n## 337F Powers of inspection\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n## 337G Parties to proceedings\n\n## 337H Kinds of orders\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n## 337J Relief not limited to claim\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n## 337K Publishing orders\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n## Part 5 Jurisdiction of the Federal Court of Australia\n\n## 338 Conferring jurisdiction on the Federal Court\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n## 339 Exclusive jurisdiction\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n## 339A Exercising jurisdiction in the Fair Work Division of the Federal Court\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n## 340 Exercise of Court’s original jurisdiction\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n## 341 Reference of proceedings to Full Court\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n## 342 Appeal to the Court from certain judgments\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n## Part 6 Other\n\n## 343 Delegation by Minister\n\n## 343A Delegation by General Manager\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n## 344 Conduct by officers, directors, employees or agents\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n## 345 Right to participate in ballots\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n## 346 Requests by members for information concerning elections and certain ballots\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n## 347 Providing copy of rules or list of offices etc. on request by member\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n## 348 Certificate as to membership of organisation\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n## 349 List of officers to be evidence\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n## 350 Unauthorised collection of money\n\n## 351 No imprisonment in default\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n## 351A Minister’s entitlement to intervene\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n## 352 Jurisdiction of courts limited as to area\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n## 353 Public sector employer to act through employing authority\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n## 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n## 354 Proceedings by and against unincorporated clubs\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n## 355 Inspection of documents etc.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n## 356 Trade secrets etc. tendered as evidence\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n## 357 Application of penalty\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n## 358 Enforcement of penalties etc.\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n## 359 Regulations\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n## Part 7 Complementary registration systems\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 1 Application of this Part\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 360 Complementary registration systems\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n## Division 2 Preliminary\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 361 Definitions\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n## Division 3 Branch rules\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 362 Branch funds\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n## 363 Obligations of the FWC in relation to application under section 158\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n## 364 Branch autonomy\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n## 365 Organisation may participate in State systems\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n## Division 4 Amalgamation of organisation and associated body\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 366 Organisation and associated body may amalgamate\n\n## 367 Procedure for amalgamation\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## Division 5 Exercise of the FWC’s powers\n\n  (1) It is Parliament’s intention in enacting this Act to enhance relations within workplaces between federal system employers and federal system employees and to reduce the adverse effects of industrial disputation.\n  (2) Parliament considers that those relations will be enhanced and those adverse effects will be reduced, if associations of employers and employees are required to meet the standards set out in this Act in order to gain the rights and privileges accorded to associations under this Act and the Fair Work Act.\n    (a) ensure that employer and employee organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and\n    (c) encourage the efficient management of organisations and high standards of accountability of organisations to their members; and\n  (4) It is also Parliament’s intention in enacting this Act to assist employers and employees to promote and protect their economic and social interests through the formation of employer and employee organisations, by providing for the registration of those associations and according rights and privileges to them once registered.\n  (5) Parliament recognises and respects the role of employer and employee organisations in facilitating the operation of the workplace relations system.\n\n> Note: The Fair Work Act contains many provisions that affect the operation of this Act. For example, provisions of the Fair Work Act deal with some powers and functions of the Fair Work Commission and of the General Manager. Decisions made under this Act may be subject to procedures and rules (for example, about appeals) that are set out in the Fair Work Act.\n\n> administrator means a person appointed under section 323C to be the administrator of a scheme determined under subsection 323B(1).\n\n    (b) if a firm holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a member of the firm and a registered auditor; or\n    (c) if a company holds the position of auditor of the reporting unit under section 256—each person who is, from time to time, a director, officer or employee of the company and a registered auditor.\n\n    (b) issued by CPA Australia and by The Institute of Chartered Accountants in Australia and adopted by the Australian Accounting Standards Board;\n\n> Australian Auditing Standards means the auditing and assurance standards issued by CPA Australia and The Institute of Chartered Accountants in Australia as in force, or applicable, from time to time.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n    (a) in relation to an organisation—the committee of management or a conference, council, committee, panel or other body of or within the organisation; and\n    (b) in relation to a branch of an organisation—the committee of management or a conference, council, committee, panel or other body of or within the branch.\n\n> collegiate electoral system, in relation to an election for an office in an organisation, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from a body of persons consisting only of:\n\n    (b) persons elected at the last preceding stage and other persons (being in number not more than 15% of the number of persons comprising the body) holding offices in the organisation (including the office to which the election relates), not including any person holding such an office merely because of having filled a casual vacancy in the office within the last 12 months, or the last quarter, of the term of the office.\n\n    (a) in relation to an organisation, association or branch of an organisation or association, means the group or body of persons (however described) that manages the affairs of the organisation, association or branch; and\n    (b) in relation to a reporting unit, means the group or body of persons (however described) that, under the rules of the reporting unit, is responsible for undertaking the functions necessary to enable the reporting unit to comply with Part 3 of Chapter 8.\n\n    (a) a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory; or\n\n    (b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth; or\n    (c) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth; or\n\n> Construction and General Division means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A.\n\n> declaration envelope means an envelope in the form prescribed by the regulations on which a voter is required to make a declaration containing the prescribed information.\n\n    (a) a dispute arising between 2 or more organisations, or within an organisation, as to the rights, status or functions of members of the organisations or organisation in relation to the employment of those members; or\n    (b) a dispute arising between employers and employees, or between members of different organisations, as to the demarcation of functions of employees or classes of employees; or\n    (c) a dispute about the representation under this Act or the Fair Work Act of the industrial interests of employees by an organisation of employees.\n\n> direct voting system, in relation to an election for an office in an organisation, means a method of election at which:\n\n    (b) all financial members included in the branch, section, class or other division of the members of the organisation that is appropriate having regard to the nature of the office;\n\n    (a) contravenes, or may contravene, a provision of this Act, the Fair Work Act or the Competition and Consumer Act 2010; or\n\n> eligibility rules, in relation to an organisation or association, means the rules of the organisation or association that relate to the conditions of eligibility for membership or the description of the industry or enterprise (if any) in connection with which the organisation is, or the association is proposed to be, registered.\n\n> employee has its ordinary meaning, and includes a person who is usually such an employee, but does not include a person on a vocational placement.\n\n> employing authority, in relation to a class of employees, means the person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees.\n\n  Whether bodies corporate are related is to be determined in accordance with the principles set out in section 50 of the Corporations Act 2001.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n    (a) an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (b) a partner, employer or employee of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (c) a relative of an officer, former officer, employee or former employee of the reporting unit or the organisation of which the reporting unit is a part; or\n    (d) a liquidator in respect of property of the reporting unit or the organisation of which the reporting unit is a part; or\n    (e) a person who owes more than $5,000 to the reporting unit or the organisation of which the reporting unit is a part; or\n    (f) a person who would not be, or whom a reasonable person would consider would not be, capable of exercising objective and impartial judgement in relation to audits relating to the reporting unit, having regard to all the circumstances.\n\n> exempt public sector superannuation scheme has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee who could be characterised in the way mentioned in paragraph (a).\n\n    (b) if the rules of the organisation provide for another period of 12 months as the financial year of the organisation—the other period of 12 months.\n\n> FWC Member has the same meaning as in the Fair Work Act, but does not include an Expert Panel Member (within the meaning of that Act).\n\n> non‑cash benefit means property or services in any form other than money, but does not include a computer, mobile phone or other electronic device that is used only or mainly for work purposes.\n\n> officer, in relation to an organisation, or a branch of an organisation, means a person who holds an office in the organisation or branch (including such a person when performing duties as a designated officer under Part 3 of Chapter 8).\n\n> one‑tier collegiate electoral system means a collegiate electoral system comprising only one stage after the first stage.\n\n> Note: Organisations registered under the Workplace Relations Act 1996 immediately before former Schedule 1B of that Act commenced are taken to be registered under that Schedule (and therefore under this Act) (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n    (a) a ballot paper, a declaration envelope, and another envelope in the form prescribed by the regulations, are sent by prepaid post to each person entitled to vote; and\n    (b) facilities are provided for the return of the completed ballot paper by post by the voter without expense to the voter.\n\n> serious contravention, in relation to a contravention of a civil penalty provision by an organisation, a branch of an organisation or a person who is, or was, an officer or employee of an organisation or a branch of an organisation, means a contravention that:\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n    (a) a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n  For the purposes of this Act, if one person is the child of another person because of the definition of child in section 6, relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n    (b) the office of a voting member of a collective body of the organisation or branch, being a collective body that has power in relation to any of the following functions:\n    (iv) the enforcement of rules of the organisation or branch, or the performance of functions in relation to the enforcement of such rules; or\n    (c) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(i) and (iv), other than an office the holder of which participates only in accordance with directions given by a collective body or another person for the purpose of implementing:\n    (d) an office the holder of which is, under the rules of the organisation or branch, entitled to participate directly in any of the functions referred to in subparagraphs (b)(ii) and (iii); or\n  (2) In this Act, a reference to an office in an association or organisation includes a reference to an office in a branch of the association or organisation.\n\n  (1) For the purposes of this Act, a federal counterpart for a particular association of employers or employees registered under a State or Territory industrial law is an organisation prescribed by the regulations to be a federal counterpart of that association.\n  (2) For the purposes of this Act, if subsection (1) does not apply in relation to a particular association of employers or employees registered under a State or Territory industrial law, a federal counterpart for the association is:\n    (a) an organisation that has a branch (including a division of such a branch or a constituent part of such a branch) in that State or Territory that has or purports to have:\n    (b) if paragraph (a) does not apply—an organisation of which the association has purported to function as a branch (including a division of a branch or a constituent part of a branch).\n\n    (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.\n  (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.\n  (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.\n  (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.\n  (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n  with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine:\n\n  (1) In this Act, a reference to a ballot or election being conducted, or a step in a ballot or election being taken, by the AEC is a reference to the ballot or election being conducted, or the step being taken, by:\n  (2) In this Act, a reference to the opinion or other state of mind of the AEC, in relation to the exercise of a function, is a reference to the opinion or other state of mind of a person authorised to carry out the function on behalf of the AEC.\n\n  includes a reference to a person who is eligible merely because of an agreement made under rules of the organisation made under subsection 151(1).\n\n  (2) Subject to this Act, the register of organisations is to be kept in whatever form the General Manager considers appropriate.\n\n> Note 2: For the purposes of this Act (and the regulations), corporate responsibility is dealt with by section 344, rather than by Part 2.5 of the Criminal Code.\n\n  (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.\n  (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision.\n\nThis Chapter deals with the types of employer and employee associations that can be registered and the conditions for their registration (see Part 2). Part 2 also prohibits certain kinds of discriminatory conduct by employers and organisations in relation to the formation and registration of employee associations.\n\nThis Chapter also provides that an organisation’s registration can be cancelled by the Federal Court or by the FWC. It sets out the grounds and procedures for cancellation, and the consequences of cancellation (see Part 3).\n\n    (b) a person who was an employer when admitted to membership, but who has not resigned or whose membership has not been terminated;\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n    (c) an independent contractor who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be an employee eligible for membership of the association;\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) An enterprise association is an association the majority of the members of which are employees performing work in the same enterprise.\n    (e) the relevant enterprise is engaged principally in trade or commerce between Australia and a place outside Australia; or\n    (g) the relevant enterprise is engaged principally in trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or\n    (h) the relevant enterprise is engaged principally in the supply of postal, telegraphic, telephonic or other like services; or\n    (i) the relevant enterprise is engaged principally in banking (other than State banking not extending beyond the limits of a State); or\n    (j) the relevant enterprise is engaged principally in insurance (other than State insurance not extending beyond the limits of a State); or\n    (k) the relevant enterprise is in Victoria, and the provisions of this Act that would apply to the association (both before and after registration), fall within the legislative power referred to the Commonwealth under the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.\n    (c) an independent contractor performing work in the relevant enterprise who, if he or she were an employee performing work of the kind which he or she usually performs as an independent contractor, would be:\n    (i) an employee who could be characterised in the way mentioned in paragraph (a) of the definition of federal system employee in section 6; and\n    (a) are, or are able to become, members of an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 of New South Wales; or\n    (a) it is only a body corporate because it is or has been registered under this Act (whether before or after the commencement of this subsection); and\n\n  (1) If the Parliament would not have sufficient legislative power to provide for the registration of a particular association of employers if:\n    (a) a particular class of employers mentioned in paragraphs (a) to (f) of the definition of national system employer in section 14 of the Fair Work Act were included when working out whether some or all of the association’s members are federal system employers;\n  (2) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employers if the membership of the association were entirely made up of one or more of the following:\n    (b) persons (other than employees) who carry on business and who would, if they were employers, be federal system employers;\n  then, despite subsection 18A(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (3) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals so far as they are employed, or usually employed, as described in paragraph (a), (b), (c), (d), (e) or (f) of the definition of national system employer in section 14 of the Fair Work Act, by a federal system employer were included when working out whether some or all of the association’s members are federal system employees;\n  the definition of federal system employee in section 6 applies as if it did not include a reference to that class of employees.\n  (3A) If the Parliament would not have sufficient legislative power to provide for the registration of an association of employees if:\n    (a) a particular class of individuals mentioned in paragraph (c) of the definition of federal system employee in section 6 were included in working out whether some or all of the association’s members are federal system employees;\n  (4) If the Parliament would only have sufficient legislative power to provide for the registration of a particular association of employees if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18B(1), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n  (5) If the Parliament would only have sufficient legislative power to provide for the registration of an enterprise association if the membership of the association were entirely made up of one or more of the following:\n  then, despite subsection 18C(2), the association is not federally registrable unless it is either a constitutional corporation or made up in that way.\n\n  (1) The FWC must grant an application for registration made by an association (other than an enterprise association) that, under section 18, may apply for registration as an organisation if, and only if:\n    (b) in the case of an association of employees—the association is free from control by, or improper influence from, an employer or by an association or organisation of employers; and\n    (c) in the case of an association of employers—the members who are employers have, in the aggregate, throughout the 6 months before the application, employed on an average taken per month at least 50 employees; and\n    (e) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (g) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act; and\n    (j) subject to subsection (2), there is no organisation to which members of the association might belong or, if there is such an organisation, it is not an organisation:\n  the requirements of paragraph (1)(j) are taken to have been met if the FWC accepts an undertaking from the association that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of the organisation and the eligibility rules of the association.\n  (3) Without limiting the matters that the FWC may take into account in considering, under subparagraph (1)(j)(ii), the effectiveness of the representation of an organisation or association, the FWC must take into account whether the representation would be consistent with Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (4) In applying paragraph (1)(e), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n  (5) The FWC must not, under this section, grant an application for registration of an association of employers or employees registered under a State or Territory industrial law if the association has a federal counterpart.\n\n  (1) The FWC must grant an application for registration made by an enterprise association that, under section 18, may apply for registration as an organisation if, and only if:\n    (d) the FWC is satisfied that the association would conduct its affairs in a way that meets the obligations of an organisation under this Act and the Fair Work Act; and\n    (f) the association does not have the same name as that of an organisation or a name that is so similar to the name of an organisation as to be likely to cause confusion; and\n    (g) the FWC is satisfied that a majority of the persons eligible to be members of the association support its registration as an organisation; and\n    (h) a majority of the members present at a general meeting of the association, or an absolute majority of the committee of management of the association, have passed, under the rules of the association, a resolution in favour of registration of the association as an organisation; and\n    (i) the registration of the association would further Parliament’s intention in enacting this Act (see section 5) and the object set out in section 3 of the Fair Work Act.\n  (1A) For the purposes of paragraph (1)(b), if a person or body has an interest in the enterprise in question, the FWC may decide that, despite the interest, the association is free from control by, or improper influence from, the person or body.\n\n> Note: The FWC could conclude that the association was free from control etc. by the person if, for example, the nature of the person’s interest was not such as to give the person a major say in the conduct of the enterprise or if the person did not have a significant management role in the association.\n\n  (2) In applying paragraph (1)(d), the FWC must have regard to whether any recent conduct by the association or its members would have provided grounds for an application under section 28 had the association been registered when the conduct occurred.\n\n  (1) An employer must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (2) A person must not, for a prohibited reason, or for reasons that include a prohibited reason, do or threaten to do any of the following:\n  (3) Conduct referred to in subsection (1) or (2) is for a prohibited reason if it is carried out because the employee or independent contractor has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n    (b) supporting the registration of an employee association (for example, by supporting, or supporting the making of, an application for its registration);\n    (c) participating, or encouraging a person to participate, in proceedings before the FWC in relation to such an application;\n\n  (1) An organisation, or an officer or member of an organisation, must not take, or threaten to take, industrial action whose aim, or one of whose aims, is to coerce a person to breach section 21.\n  (2) An organisation, or an officer or member of an organisation, must not, for a prohibited reason, or for reasons that include a prohibited reason, take or threaten to take, any action whose aim, or one of whose aims, is to prejudice a person in the person’s employment, or an independent contractor in the contractor’s engagement.\n  (3) Conduct referred to in subsection (2) is for a prohibited reason if it is carried out because the person has done, or has omitted to do, any act:\n    (a) under this Act that relates to the formation or registration of an association referred to in paragraph 18(b) or (c); or\n  (4) The examples set out in subsection 21(4) are examples of acts or omissions to which subsection (3) of this section applies.\n  (5) An organisation, or an officer or member of an organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on a member of the organisation because the member concerned does or proposes to do, for a prohibited reason, an act or omission referred to in subsection 21(3).\n\n  (1) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes section 21 or 22:\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n\n    (iv) a member of the organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity; and\n\n  (1) The FWC may, on the application of an association applying to be registered as an organisation, grant leave to the association, on such terms and conditions as the FWC considers appropriate, to change its name or to alter its rules:\n    (c) to correct a formal error in its rules (for example, to remove an ambiguity, to correct spelling or grammar, or to correct an incorrect reference to an organisation or person).\n\n> Note: Paragraph (a)—in order for an organisation to comply with this Act, its rules must not be contrary to the Fair Work Act (see paragraph 142(1)(a) of this Act).\n\n  (2) An association granted leave under subsection (1) may change its name, or alter its rules, even though the application for registration is pending.\n  (3) Rules of an association as altered in accordance with leave granted under subsection (1) are binding on the members of the association:\n\n  (1) When the FWC grants an application by an association for registration as an organisation, the General Manager must immediately enter, in the register kept under subsection 13(1), such particulars in relation to the association as are prescribed and the date of the entry.\n  (2) An association is to be taken to be registered under this Act when the General Manager enters the prescribed particulars in the register under subsection (1).\n  (4) The General Manager must issue to each organisation registered under this Act a certificate of registration in the prescribed form.\n\n> Note: Certificates of registration issued under the Workplace Relations Act 1996 continue in force (see the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002).\n\n  (5) The certificate is, until proof of cancellation, conclusive evidence of the registration of the organisation specified in the certificate.\n  (6) The General Manager may, as prescribed, issue to an organisation a copy of, or a certificate replacing, the certificate of registration issued under subsection (4) or that certificate as amended under section 160.\n\n  If:\n    (a) an association was purportedly registered as an organisation under this Act before the commencement of this section; and\n    (b) the association’s purported registration would, but for this section, have been invalid merely because, at any time, the association’s rules did not have the effect of terminating the membership of, or precluding from membership, persons who were persons of a particular kind or kinds;\n\n    (c) has power to purchase, take on lease, hold, sell, lease, mortgage, exchange and otherwise own, possess and deal with, any real or personal property; and\n\n  (1) An organisation or person interested, or the Minister, may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that:\n    (i) the organisation (in relation to its continued breach of a modern award, an order of the FWC or an enterprise agreement, or its continued failure to ensure that its members comply with and observe a modern award, an order of the FWC or an enterprise agreement, or in any other respect); or\n    (ii) a substantial number of the members of the organisation (in relation to their continued breach of a modern award, an order of the FWC or an enterprise agreement, or in any other respect);\n    has prevented or hindered the achievement of Parliament’s intention in enacting this Act (see section 5) or of an object of this Act or the Fair Work Act; or\n    (b) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has engaged in industrial action (other than protected industrial action) that has prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have been, or is or are, engaged in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the organisation, or a substantial number of the members of the organisation or of a section or class of members of the organisation, has or have failed to comply with:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action); or\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections); or\n    (iv) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision of the Fair Work Act mentioned in subparagraphs (i) to (iii); or\n    (vi) an order made under subsection 131(2) (which deals with contraventions of the withdrawal from amalgamation provisions).\n  (1A) The General Manager may apply to the Federal Court for an order cancelling the registration of an organisation on the ground that the organisation has failed to comply with an order of the Federal Court made under subsection 336(5) in relation to the organisation.\n\n> Note: Section 336 deals with the situation where the General Manager is satisfied, after an investigation, that a reporting unit of an organisation has contravened Part 3 of Chapter 8, or guidelines or rules relating to financial matters.\n\n  (2) An organisation in relation to which an application is made under subsection (1) or (1A) must be given an opportunity of being heard by the Court.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the organisation in relation to the matters;\n    (b) that finding is made, wholly or mainly, because of the conduct of a particular section or class of members of the organisation;\n  the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation under subsection (3), by order:\n    (c) determine alterations of the eligibility rules of the organisation so as to exclude from eligibility for membership of the organisation persons belonging to the section or class; or\n    (d) where persons belonging to the section or class are eligible for membership under an agreement of the kind referred to in section 151—declare that the persons are excluded from eligibility for membership in spite of anything in the agreement.\n  (5) If the Court cancels the registration of an organisation, the Court may direct that an application by the former organisation to be registered as an organisation is not to be dealt with under this Act before the end of a specified period.\n  (6) An alteration of rules determined by order under subsection (4) takes effect on the date of the order or on such other day as is specified in the order.\n\n  (1) If the Federal Court finds that a ground of an application under subsection 28(1) or (1A) has been established, the Court may, if it considers it just to do so, instead of cancelling the registration of the organisation concerned under subsection 28(3) or making an order under subsection 28(4), exercise one or more of the powers set out in subsection (2) of this section.\n    (a) the power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organisation or of all or any of its members, as such members, under this Act, the Fair Work Act or any other Act, under modern awards or orders made under this Act, the Fair Work Act or any other Act or under enterprise agreements;\n    (c) the power to make provision restricting the use of the funds or property of the organisation or a branch of the organisation, and for the control of the funds or property for the purpose of ensuring observance of the restrictions.\n  (3) If the Court exercises a power set out in subsection (2), it must defer the determination of the question whether to cancel the registration of the organisation concerned until:\n    (b) on application by a party to the proceeding, the Court considers that it is just to determine the question, having regard to any evidence given relating to the observance or non‑observance of any order and to any other relevant circumstance;\n  (4) An order made in the exercise of a power set out in subsection (2) has effect in spite of anything in the rules of the organisation concerned or a branch of the organisation.\n    (ii) such longer period after it came into force as is ordered by the Court on application by a party to the proceeding made while the order remains in force.\n\n    (b) on application by an organisation or person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the organisation:\n    (iii) is not free from control by, or improper influence from, a person or body referred to in paragraph 19(1)(b) or 20(1)(b), as the case requires; or\n    (iv) subject to subsection (6), if the organisation is an enterprise association—the enterprise to which it relates has ceased to exist; or\n    (ii) the organisation is an organisation of employees, other than an enterprise association, and has fewer than 50 members who are employees; or\n    (iv) the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees; or\n    (a) in the case of an organisation that relates only to an operationally distinct part or parts of the business that constitutes the enterprise—that part or those parts have ceased to exist, or the whole of the business has ceased to exist; or\n    (b) in the case of an organisation that relates to the whole of the business that constitutes the enterprise—the whole of the business has ceased to exist.\n    (b) all the alterations that are necessary to enable the organisation to operate as an enterprise association in relation to the other enterprise have been made; and\n  The FWC must give the organisation a reasonable opportunity to alter its rules as provided in paragraph (b) before the FWC considers cancelling the registration of the organisation on the ground referred to in subparagraph (1)(b)(iv).\n\n  If the registration of an organisation under this Act is cancelled, the General Manager must enter the cancellation, and the date of cancellation, in the register kept under subsection 13(1).\n\n    (a) the organisation ceases to be an organisation and a body corporate under this Act, but does not because of the cancellation cease to be an association;\n    (b) the cancellation does not relieve the association or any of its members from any penalty or liability incurred by the organisation or its members before the cancellation;\n    (c) from the cancellation, the association and its members are not entitled to the benefits of any modern award, order of the FWC or enterprise agreement that bound the organisation or its members;\n    (d) the FWC may, on application by an organisation or person interested, make such order as the FWC considers appropriate about the other effects (if any) of such an award, order or agreement on the association and its members;\n    (e) 21 days after the cancellation, such an award, order or agreement ceases, subject to any order made under paragraph (d), in all other respects to have effect in relation to the association and its members;\n    (f) the Federal Court may, on application by a person interested, make such order as it considers appropriate in relation to the satisfaction of the debts and obligations of the organisation out of the property of the organisation;\n    (g) the property of the organisation is, subject to any order made under paragraph (f), the property of the association and must be held and applied for the purposes of the association under the rules of the organisation so far as they can still be carried out or observed.\n\nThe 2 main elements of the amalgamation procedure are an application to the FWC seeking approval for a ballot to be held on the question of amalgamation, and the holding of a ballot conducted by the Australian Electoral Commission.\n\nPart 2 also sets out the consequences of an amalgamation (for example, in relation to assets and liabilities of the organisations forming the new amalgamated organisation). It also enables the validation of certain acts done for the purposes of an amalgamation.\n\nThe main elements of the procedure to withdraw are an application to the FWC for approval to hold a ballot on the question, and the holding of the ballot.\n\nPart 3 also sets out the consequences of a withdrawal from amalgamation (for example, in relation to assets and liabilities of the amalgamated organisation and the constituent part). It also enables the validation of certain acts done for the purposes of a withdrawal from amalgamation.\n\n> amalgamated organisation, in relation to a completed amalgamation, means the organisation of which members of the de‑registered organisations have become members under paragraph 73(3)(d).\n\n> amalgamation day, in relation to a completed amalgamation, means the day fixed under subsection 73(2) in relation to the amalgamation.\n\n    (a) any legal or equitable estate or interest (whether present or future, vested or contingent, tangible or intangible) in real or personal property of any description; and\n    (c) any right, interest or claim of any kind in, or in relation to, property (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> authorised person, in relation to a completed amalgamation, means the secretary of the amalgamated organisation or a person authorised, in writing, by the committee of management of the amalgamated organisation.\n\n> charge means a charge created in any way, and includes a mortgage and an agreement to give or execute a charge or mortgage (whether on demand or otherwise).\n\n> closing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the closing day of the ballot.\n\n> commencing day, in relation to a ballot for a proposed amalgamation, means the day, from time to time, fixed under section 58 as the commencing day of the ballot.\n\n> de‑registered organisation, in relation to a completed amalgamation, means an organisation that has been de‑registered under this Part.\n\n> holder, in relation to a charge, includes a person in whose favour a charge is to be given or executed (whether on demand or otherwise) under an agreement.\n\n    (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by a de‑registered organisation.\n\n    (a) in relation to a company—includes an interest in a managed investment scheme, within the meaning of the Corporations Act 2001, made available by the company; and\n\n> irregularity includes a breach of the rules of an organisation, but in Division 7 does not include an irregularity in relation to a ballot.\n\n> liability means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing).\n\n> proceeding to which this Part applies, in relation to a completed amalgamation, means a proceeding to which a de‑registered organisation was a party immediately before the amalgamation day.\n\n> proposed alternative amalgamation, in relation to a proposed amalgamation, means an amalgamation proposed to be made under an alternative provision.\n\n> proposed amalgamated organisation, in relation to a proposed amalgamation, means the organisation or proposed organisation of which members of the proposed de‑registering organisations are proposed to become members under this Part.\n\n> proposed amalgamation means the proposed carrying out of arrangements in relation to 2 or more organisations under which:\n\n    (b) members of the organisation or organisations to be de‑registered are to become members of another organisation (whether existing or proposed).\n\n> proposed de‑registering organisation, in relation to a proposed amalgamation, means an organisation that is to be de‑registered under this Part.\n\n    (a) if the scheme for the amalgamation contains an alternative provision—the amalgamation proposed to be made under the scheme otherwise than under an alternative provision; or\n\n  (1) For the purpose of implementing the scheme for a proposed amalgamation, the procedure provided by this Part is to be followed.\n  (3) If any difficulty arises, or appears likely to arise, in the application of this Act for the purpose of implementing the scheme for a proposed amalgamation, the FWC may give directions and make orders to resolve the difficulty.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for recognition as a federation.\n  (3) If the FWC is satisfied that the organisations intend to lodge an application under section 44 in relation to the amalgamation within the prescribed period, the FWC must grant the application for recognition as a federation.\n  (4) If the application is granted, the General Manager must enter in the register kept under subsection 13(1) such details in relation to the federation as are prescribed.\n  (5) On registration, the federation may, subject to subsection (6) and the regulations, represent its constituent members for all of the purposes of this Act and the Fair Work Act.\n    (a) including, with the approval of the FWC, another organisation within the federation if the other organisation intends to become concerned in the amalgamation; or\n    (b) if an application under section 44 is not lodged in relation to the amalgamation within the prescribed period—on the day after the end of the period; or\n    (c) if it appears to a Full Bench, on an application by a prescribed person, that the industrial conduct of the federation, or an organisation belonging to the federation, is preventing or hindering the attainment of Parliament’s intention in enacting this Act (see section 5) or an object of this Act or the Fair Work Act—on the day the Full Bench so determines.\n  (9) Nothing in this section limits the right of an organisation belonging to a federation to represent itself or its members.\n\n  (1) An existing organisation concerned in a proposed amalgamation may, at any time before the closing day of the ballot for the amalgamation, use its financial and other resources in support of the proposed principal amalgamation and any proposed alternative amalgamation if:\n  (2) Subsection (1) does not limit by implication any power that the existing organisation has, apart from that subsection, to use its financial and other resources in support of, or otherwise in relation to, the amalgamation.\n\n    (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating:\n    (ii) if an association proposed to be registered as an organisation is the proposed amalgamated organisation—that fact and the name of the association; and\n    (c) if it is proposed to alter the eligibility rules of an existing organisation—particulars of the proposed alterations;\n    (e) if an association is proposed to be registered as an organisation—the eligibility and other rules of the association;\n\n  (1) Where 3 or more existing organisations are concerned in a proposed amalgamation, the scheme for the amalgamation may contain a provision to the effect that, if:\n    (b) the members of 2 or more of the organisations (in this subsection called the approving organisations) approve, in the alternative, the amalgamation so far as it involves:\n    (c) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n  (2) If the scheme for a proposed amalgamation contains an alternative provision, the scheme must also contain particulars of:\n    (b) the differences between the rules of any association proposed to be registered as an organisation, and any proposed alterations of the rules of the existing organisations, under the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) The scheme for a proposed amalgamation, and each alteration of the scheme, must be approved, by resolution, by the committee of management of each existing organisation concerned in the amalgamation.\n  (2) Despite anything in the rules of an existing organisation, approval, by resolution, by the committee of management of the scheme, or an alteration of the scheme, is taken to be sufficient compliance with the rules, and any proposed alteration of the rules contained in the scheme, or the scheme as altered, is taken to have been properly made under the rules.\n\n  (1) The existing organisations concerned in a proposed amalgamation may jointly lodge with the FWC an application for a declaration under this section in relation to the amalgamation.\n  (3) If the application is lodged before an application has been lodged under section 44 in relation to the amalgamation, the FWC:\n  (4) If, at the conclusion of the hearing arranged under subsection (3) or section 53 in relation to the proposed amalgamation, the FWC is satisfied that there is a community of interest between the existing organisations in relation to their industrial interests, the FWC must declare that it is so satisfied.\n  (5) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employees in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same work or in aspects of the same or similar work as members of the other organisation or each of the other organisations; or\n    (d) employed in the same or similar work by employers engaged in the same industry as members of the other organisation or each of the other organisations; or\n    (e) engaged in work, or in industries, in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (6) The FWC must be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations of employers in relation to their industrial interests if the FWC is satisfied that a substantial number of members of one of the organisations are:\n    (b) engaged in the same industry or in aspects of the same industry or similar industries as members of the other organisation or each of the other organisations; or\n    (d) engaged in industries in relation to which there is a community of interest with members of the other organisation or each of the other organisations.\n  (7) Subsections (5) and (6) do not limit by implication the circumstances in which the FWC may be satisfied, for the purposes of subsection (4), that there is a community of interest between organisations in relation to their industrial interests.\n    (a) an application for a declaration under this section in relation to a proposed amalgamation is lodged before an application has been lodged under section 44 in relation to the amalgamation; and\n    (c) an application is not lodged under section 44 in relation to the amalgamation within 6 months after the declaration is made;\n  (9) The FWC may revoke a declaration under this section if the FWC is satisfied that there is no longer a community of interest between the organisations concerned in relation to their industrial interests.\n\n  (1) The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge with the FWC an application for approval for the submission of the amalgamation to ballot.\n  (3) Subject to section 62, the outline must, in no more than 3,000 words, provide sufficient information on the scheme to enable members of the existing organisations to make informed decisions in relation to the scheme.\n\n    (a) an association proposed to be registered as an organisation that is the proposed amalgamated organisation under a proposed amalgamation; or\n    (c) the holding of office in the proposed amalgamated organisation by persons holding office in any of the proposed de‑registering organisations immediately before the amalgamation takes effect; and\n    (d) in a case to which paragraph (b) applies—the continuation of the holding of office by persons holding office in the proposed amalgamated organisation immediately before the amalgamation takes effect;\n    (e) the period that equals the unexpired part of the term of the office held by the person immediately before the day on which the amalgamation takes effect; or\n  the rules of the proposed amalgamated organisation must not permit the person to hold an office in the proposed amalgamated organisation after the amalgamation takes effect, without an ordinary election being held in relation to the office, for longer than the period that equals the unexpired part of the term of the office mentioned in paragraph (a) immediately before the day on which the amalgamation takes effect.\n  (3) The rules of an organisation that is the proposed amalgamated organisation under a proposed amalgamation must, subject to this section, make reasonable provision for the purpose of synchronising elections for offices in the organisation held under paragraph (1)(c) with elections for other offices in the organisation.\n\n  (1) The proposed amalgamated organisation under a proposed amalgamation may lodge with the FWC an application for exemption from the requirement that a ballot of its members be held in relation to the amalgamation.\n\n  (1) An existing organisation concerned in a proposed amalgamation may lodge with the FWC an application for approval of a proposal for the submission of the amalgamation to a ballot of its members that is not conducted under section 65.\n\n  (1) Subject to section 60, an existing organisation concerned in a proposed amalgamation may lodge a written statement of not more than 2,000 words in support of the proposed principal amalgamation and each proposed alternative amalgamation.\n\n  (1) Where an application is lodged under section 44 in relation to a proposed amalgamation, the General Manager must immediately notify the AEC of the application.\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct as quickly as possible any ballots that may be required in relation to the amalgamation.\n\n  (1) An electoral official who is authorised, in writing, by the AEC for the purposes of a proposed amalgamation may, where it is reasonably necessary for the purposes of any ballot that may be required or is required in relation to the amalgamation, by written notice, require an officer or employee of the organisation concerned or a branch of the organisation concerned:\n    (a) to give to the electoral official, within the period (being a period of not less than 7 days after the notice is given), and in the manner, specified in the notice, any information within the knowledge or in the possession of the person; and\n    (b) to produce or make available to the electoral official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents:\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 52(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 51(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (ii) if an application for a declaration under section 43 was lodged with the application—the making of a declaration under section 43 in relation to the amalgamation; and\n    (iii) if an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to the amalgamation—the granting of the exemption; and\n    (iv) if an application was lodged under section 47 for approval of a proposal for the submission of the amalgamation to a ballot that is not conducted under section 65—the granting of the approval; and\n\n  (3) Submissions may be made by another person only with the leave of the FWC and may be made by the person only in relation to a prescribed matter.\n\n  (1) If, at the conclusion of the hearing arranged under section 53 in relation to a proposed amalgamation, the FWC is satisfied that:\n    (b) a person who is not eligible for membership of an existing organisation concerned in the amalgamation would not be eligible for membership of the proposed amalgamated organisation immediately after the amalgamation takes effect; and\n    (c) any proposed alteration of the name of an existing organisation concerned in the amalgamation will not result in the organisation having a name that is the same as the name of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; and\n    (d) any proposed alterations of the rules of an existing organisation comply with, and are not contrary to, this Act, the Fair Work Act, modern awards or enterprise agreements, and are not contrary to law; and\n    (e) any proposed de‑registration of an existing organisation complies with this Act and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (7), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n    (a) permit the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation; or\n    (b) accept an undertaking by the applicants to alter the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the amalgamation;\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n    (c) amend the scheme for the amalgamation, including any proposed alterations of the rules of the existing organisations concerned in the proposed amalgamation; or\n  (7) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (2) Objection may be made to the FWC in relation to the amalgamation only if the FWC has refused to approve, under section 55, the submission of the amalgamation to ballot.\n\n  (1) If, after the prescribed time allowed for making objections under section 56 in relation to a proposed amalgamation and after hearing any objections duly made to the amalgamation, the FWC:\n    it complies with, and is not contrary to, this Act, the Fair Work Act, modern awards and enterprise agreements and is not otherwise contrary to law;\n  (2) If the FWC is not satisfied, the FWC must, subject to subsections (3) and (8), refuse to approve, under this section, the submission of the amalgamation to ballot.\n  (3) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may:\n  and, if the FWC is satisfied that the matters mentioned in subsection (1) will be met, the FWC must approve the submission of the amalgamation to ballot.\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in the proposed amalgamation, authorise the organisation to alter the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (8) If, apart from this subsection, the FWC would be required to refuse to approve the submission of the amalgamation to ballot, the FWC may adjourn the proceeding.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the FWC must, after consulting with the Electoral Commissioner, fix a day as the commencing day of the ballot and a day as the closing day of the ballot.\n    (a) the FWC is satisfied that the AEC requires a longer period to make the arrangements necessary to enable it to conduct the ballot; or\n  (3) If the scheme for the amalgamation contains a proposed alternative provision, a single day is to be fixed as the commencing day, and a single day is to be fixed as the closing day, for all ballots in relation to the proposed amalgamation.\n\n  The roll of voters for a ballot for a proposed amalgamation is the roll of persons who, on the day on which the FWC fixes the commencing day and closing day of the ballot or 28 days before the commencing day of the ballot (whichever is the later):\n    (b) if the rules of the existing organisation concerned do not then provide for the right to vote at such a ballot—have the right under the rules of the organisation to vote at a ballot for an election for an office in the organisation that is conducted by a direct voting system.\n\n  (1) If an existing organisation concerned in a proposed amalgamation lodges a statement under section 48 in relation to the amalgamation, the FWC may permit the organisation to alter the statement.\n  (2) Not later than 7 days before the day fixed under section 53 for hearing submissions in relation to the amalgamation, members of the organisation (being members whose number is at least the required minimum number) may lodge with the FWC a written statement of not more than 2,000 words in opposition to the proposed principal amalgamation and any proposed alternative amalgamation.\n  (4) Subject to subsections (5), (6) and (7), a copy of the statements mentioned in subsections (1) and (2), or, if those statements have been altered or amended, those statements as altered or amended, must accompany the ballot paper sent to the persons entitled to vote at a ballot for the amalgamation.\n    (a) the FWC must prepare, or cause to be prepared, in consultation, if practicable, with representatives of the persons who lodged each of the statements, a written statement of not more than 2,000 words in opposition to the amalgamation based on both or all the statements and, as far as practicable, presenting fairly the substance of the arguments against the amalgamation contained in both or all the statements; and\n    (b) the statement prepared by the FWC must accompany the ballot paper for the amalgamation as if it had been the sole statement lodged under subsection (2).\n  (6) The FWC may amend a statement mentioned in subsection (1) or (2) to correct factual errors or to ensure that the statement complies with this Act.\n  (7) A statement mentioned in subsection (1) or (2) may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (8) A statement prepared under subsection (5) may include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n\n    (a) 5% of the total number of members of the organisation on the day on which the application was lodged under section 44 in relation to the proposed amalgamation concerned; or\n\n  (1) The FWC may, at any time before the commencing day of the ballot for a proposed amalgamation, permit the existing organisations concerned in the amalgamation to alter the scheme for the amalgamation, including:\n    (a) may, despite anything in the rules of any association proposed to be registered as an organisation in relation to the proposed amalgamation, authorise the existing organisations concerned in the amalgamation to alter the scheme so far as it affects that association (including any of its rules) by resolution of their committees of management; and\n    (b) may make provision in relation to the procedure that, despite anything in the rules of the existing organisations or the rules of the association, may be followed, or is to be followed, by the committees of management in that regard; and\n    (a) may, despite anything in the rules of an existing organisation concerned in a proposed amalgamation, authorise the organisation to amend the scheme (including any proposed alterations of the rules of the organisation, but not including the scheme so far as it affects any association proposed to be registered as an organisation in relation to the proposed amalgamation) by resolution of its committee of management; and\n    (b) may make provision in relation to the procedure that, despite anything in those rules, may be followed, or is to be followed, by the committee of management in that regard; and\n  (6) If the scheme for the amalgamation is altered or amended (whether under this section or otherwise), the outline of the scheme must be altered or amended to the extent necessary to reflect the alterations or amendments.\n\n  (2) The outline may, if the FWC approves, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n    (a) may, at any time before the commencing day of the ballot for the amalgamation, permit the existing organisations concerned in the amalgamation to alter the outline; and\n\n    (a) an application was lodged under section 46 for exemption from the requirement that a ballot be held in relation to a proposed amalgamation; and\n    (b) the total number of members that could be admitted to membership of the proposed amalgamated organisation on, and because of, the amalgamation does not exceed 25% of the number of members of the applicant organisation on the day on which the application was lodged;\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, grant the exemption unless the FWC considers that, in the special circumstances of the case, the exemption should be refused.\n  (2) If the exemption is granted, the members of the applicant organisation are taken to have approved the proposed principal amalgamation and each proposed alternative amalgamation (if any).\n\n  If:\n    (a) an application was lodged under section 47 for approval of a proposal for submission of a proposed amalgamation to ballot that is not conducted under section 65; and\n    (iv) the members to be given at least 21 days’ notice of the meetings, the matters to be considered at the meetings and their entitlement to an absent vote; and\n    (A) to result in participation by members of the organisation that is fuller than the participation that would have been likely to have resulted if the ballot were conducted under section 65; and\n  the FWC must, at the conclusion of the hearing arranged under section 53 in relation to the amalgamation, approve the proposal.\n\n  (1) If the FWC approves, under section 55 or 57, the submission of a proposed amalgamation to ballot, the AEC must, in relation to each of the existing organisations concerned in the amalgamation, conduct a secret postal ballot of the members of the organisation on the question whether they approve the proposed principal amalgamation.\n  (2) If the scheme for the amalgamation contains a proposed alternative provision, the AEC must also conduct, at the same time and in the same way as the ballot under subsection (1), a ballot of the members of each of the existing organisations on the question or questions whether, if the proposed principal amalgamation does not take place, they approve the proposed alternative amalgamation or each proposed alternative amalgamation.\n  (3) If, under subsection (2), the AEC is required to conduct 2 or more ballots of the members of an organisation at the same time, the same ballot paper is to be used for both or all the ballots.\n  (4) A person conducting a ballot under subsection (2) need not count the votes in the ballot if the person is satisfied that the result of the ballot will not be required to be known for the purposes of this Act.\n  (5) A copy of the outline of the scheme for the amalgamation as lodged under this Part, or, if the scheme has been altered or amended, a copy of the outline of the scheme as altered or amended, is to accompany the ballot paper sent to a person entitled to vote at the ballot.\n    (a) the FWC has granted the organisation an exemption under section 63 from the requirement that a ballot be held in relation to the proposed amalgamation; or\n    (b) the FWC has approved under section 64 a proposal by the organisation for the submission of the amalgamation to a ballot that is not conducted under this section.\n\n  Where the question of a proposed amalgamation is submitted to a ballot of the members of an existing organisation concerned in the amalgamation, the members of the organisation approve the amalgamation if, and only if:\n    (a) where a declaration under section 43 is in force in relation to the proposed amalgamation—more than 50% of the formal votes cast in the ballot are in favour of the amalgamation; or\n\n  the existing organisations concerned in the amalgamation may jointly lodge with the FWC a further application under section 44 for approval for the submission of the amalgamation to ballot.\n  (3) Subsection (2) does not by implication require a further application under section 44 to be lodged within the 12 month period mentioned in that subsection.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot contained, at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the Federal Court, as prescribed, for an inquiry by the Court into alleged irregularities in relation to the ballot.\n  (2) If the Court finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the Court may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the Court into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If the members of each of the existing organisations concerned in a proposed amalgamation approve the proposed principal amalgamation, the proposed principal amalgamation is approved for the purposes of this Part.\n    (b) the members of one or more of the existing organisations concerned in the amalgamation do not approve the proposed principal amalgamation; and\n    (c) the members of 2 or more of the organisations (in paragraph (d) called the approving organisations) approve a proposed alternative amalgamation; and\n    (d) where one of the existing organisations is the proposed amalgamated organisation—that organisation is one of the approving organisations;\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) The scheme of a proposed amalgamation that is approved for the purposes of this Part takes effect in accordance with this section.\n    (a) the period, or the latest of the periods, within which application may be made to the Federal Court under section 69 in relation to the amalgamation has ended; and\n    (b) any application to the Federal Court under section 69 has been disposed of, and the result of any fresh ballot ordered by the Court has been declared; and\n    (c) there are no proceedings (other than civil proceedings) pending against any of the existing organisations concerned in the amalgamation in relation to:\n    (d) any obligation that an existing organisation has under a law of the Commonwealth that is not fulfilled by the time the amalgamation takes effect will be regarded by the proposed amalgamated organisation as an obligation it is bound to fulfil under the law concerned;\n  the FWC must, after consultation with the existing organisations, by notice published as prescribed, fix a day (in this Division called the amalgamation day) as the day on which the amalgamation is to take effect.\n    (a) if the proposed amalgamated organisation is not already registered—the General Manager must enter, in the register kept under subsection 13(1), such particulars in relation to the organisation as are prescribed, and the date of the entry; and\n    (d) the persons who, immediately before that day, were members of a proposed de‑registering organisation become, by force of this section and without payment of entrance fee, members of the proposed amalgamated organisation.\n    (a) the FWC has been given an undertaking, for the purposes of paragraph (2)(d), that an amalgamated organisation will fulfil an obligation; and\n    (b) after giving the amalgamated organisation an opportunity to be heard, the FWC determines that the organisation has not complied with the undertaking;\n\n  (1) On the amalgamation day, all assets and liabilities of a de‑registered organisation cease to be assets and liabilities of that organisation and become assets and liabilities of the amalgamated organisation.\n  (2) For all purposes and in all proceedings, an asset or liability of a de‑registered organisation existing immediately before the amalgamation day is taken to have become an asset or liability of the amalgamated organisation on that day.\n\n  When the day on which the proposed amalgamation is to take effect is fixed, section 174 has effect in relation to resignation from membership of a proposed de‑registering organisation as if the reference in subsection 174(2) to 2 weeks were a reference to one week or such lesser period as the FWC directs.\n\n    (a) a modern award or an enterprise agreement that, immediately before that day, covered a proposed de‑registering organisation and its members covers, by force of this section, the proposed amalgamated organisation and its members; and\n    (aa) a modern award, an order of the FWC or an enterprise agreement that, immediately before that day, applied to a proposed de‑registering organisation and its members applies to, by force of this section, the proposed amalgamated organisation and its members; and\n    (b) the award, order or agreement has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the award, order or agreement to a de‑registered organisation included references to the amalgamated organisation.\n\n  (1) Unless the scheme of a proposed amalgamation otherwise provides, an agreement in force under section 151 to which a de‑registered organisation was a party continues in force on and from the amalgamation day as if references in the agreement to the de‑registered organisation were references to the amalgamated organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the amalgamation on the agreement.\n\n  (1) On and after the amalgamation day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) The instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to a de‑registered organisation were a reference to the amalgamated organisation.\n\n  Where, immediately before the amalgamation day, a proceeding to which this Part applies was pending in a court or before the FWC:\n    (b) the proceeding is to continue as if the amalgamated organisation were, and had always been, the de‑registered organisation.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), where, but for this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The amalgamated organisation must take such steps as are necessary to ensure that the amalgamation, and the operation of this Division in relation to the amalgamation, are fully effective.\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of the amalgamated organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the amalgamated organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (c) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the amalgamated organisation that had been properly executed under the law of the State or Territory; and\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) the amalgamated organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the amalgamated organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 82, 83 or 84 applies) becomes, under this Division, an asset of the amalgamated organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n\n  (1) Where any difficulty arises in relation to the application of this Division to a particular matter, the Federal Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty.\n  (2) An order made under subsection (1) has effect despite anything contained in this Act, the Fair Work Act or in any other Commonwealth law or any State or Territory law.\n\n  (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 90, after the end of 4 years from the day an act is done for the purposes of a proposed or completed amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 88 or 89 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made, section 88 or 89, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation or association concerned, a member of the organisation or association concerned or any other person having a sufficient interest in relation to the organisation or association concerned.\n\n  (1) An organisation or association, a member of an organisation or association or any other person having a sufficient interest in relation to an organisation or association may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed or completed amalgamation concerning the organisation or association.\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n\n    (a) certain organisations that have taken part in amalgamations under this Act to be reconstituted and re‑registered; and\n\n> amalgamated organisation, in relation to an amalgamation, means the organisation of which members of a de‑registered organisation became members under paragraph 73(3)(d), but does not include any such organisation that was subsequently de‑registered under Part 2.\n\n> authorised person, in relation to a completed withdrawal from amalgamation, means a person authorised by the rules or the committee of management of the newly registered organisation.\n\n    (a) in the case of a separately identifiable constituent part—a member of the amalgamated organisation who is included in that part; or\n    (b) in any other case—a member of the amalgamated organisation who would be eligible for membership of the constituent part if:\n    as the case requires, were still registered as an organisation with the same rules as it had when it was de‑registered under Part 2.\n\n> instrument to which this Part applies, in relation to a completed withdrawal from amalgamation, means an instrument that immediately before the withdrawal day is an instrument:\n\n    (a) to which the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation is a party; or\n    (d) under which any right or liability accrues or may accrue to the amalgamated organisation in relation to the constituent part of the organisation and its members.\n\n> irregularity includes a breach of the rules of an organisation, but in Division 4 does not include an irregularity in relation to a ballot.\n\n> proceeding to which this Part applies, in relation to a completed withdrawal from amalgamation, means a proceeding to which an amalgamated organisation was a party immediately before the withdrawal day.\n\n> proposed withdrawal from amalgamation means the proposed carrying out of arrangements in relation to an amalgamated organisation under which a separately identifiable constituent part of the organisation is to withdraw from the organisation.\n\n    (a) if an organisation de‑registered under Part 2 in connection with the formation of the amalgamated organisation remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part; or\n    (b) if a State or Territory branch of such a de‑registered organisation under its rules as in force immediately before its de‑registration remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part of that organisation—that branch, division or part.\n\n> withdrawal day, in relation to a completed withdrawal from amalgamation, means the day fixed under paragraph 109(1)(a) in relation to the withdrawal from amalgamation.\n\n  (2) For the purposes of this Part, an organisation is taken to have been de‑registered under Part 2 in connection with the formation of an amalgamated organisation if the de‑registration occurred in connection with the formation of:\n    (a) the amalgamated organisation (including that organisation as it existed before any subsequent amalgamation under Part 2); or\n    (ii) an organisation that, through one or more previous applications of this subsection, is taken to have been de‑registered under Part 2 in connection with the formation of the amalgamated organisation.\n  (4) For the purposes of this Part, a reference to a constituent part becoming part of an amalgamated organisation includes a reference to a constituent part becoming part of that organisation as it existed before any subsequent amalgamation under Part 2.\n\n  (1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:\n    (a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or\n    (b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (c) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.\n\n  (1) The application must be accompanied by a written outline of the proposal for the constituent part to withdraw from the amalgamated organisation. Subject to subsection (2), the outline must:\n    (a) provide, in no more than 3,000 words, sufficient information on the proposal to enable the constituent members to make informed decisions in relation to the proposed withdrawal; and\n    (b) address particulars of any proposal by the applicant for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part; and\n  (3) The outline must be a fair and accurate representation of the proposed withdrawal and must address any matters prescribed for the purposes of paragraph (1)(b) in a fair and accurate manner.\n  (3A) If the applicant has insufficient information to prepare an outline that complies with subsection (3), the applicant may request the General Manager to:\n    (a) give the applicant all information in the possession of the General Manager that may be relevant in the preparation of the outline; or\n    (b) direct the amalgamated organisation to give the applicant all information in the possession of the organisation that may be relevant in the preparation of the outline.\n  (3B) The General Manager may provide that information, or direct the amalgamated organisation to provide that information.\n\n  (4) If the FWC is not satisfied that the outline complies with subsection (3), the FWC must order the making of such amendments to the outline as it considers are needed for the outline to comply with that subsection.\n\n  (1) The applicant or applicants may file with the FWC a written statement of no more than 2,000 words in support of the proposal for the constituent part to withdraw from the amalgamated organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) The amalgamated organisation may file with the FWC a written statement of no more than 2,000 words in opposition to the proposal for the constituent part to withdraw from the organisation.\n  (3) The FWC may order that the statement be amended, in accordance with the order, to correct factual errors or otherwise to ensure that it complies with this Act.\n\n  (1) An outline under section 95 or a statement under section 96 or 97 may, if the FWC allows, include matter that is not in the form of words, including, for example, diagrams, drawings, illustrations, photographs and symbols.\n  (2) The FWC may allow an outline under section 95, or a statement under section 96 or 97, to be amended by whoever filed the outline or statement with the FWC.\n\n  (2) On being notified of the application, the AEC must immediately take such action as it considers necessary or desirable to enable it to conduct, as quickly as possible, any ballot that may be required as a result of the application.\n\n  (1) The FWC must order that a vote of the constituent members be taken by secret postal ballot, to decide whether the constituent part of the amalgamated organisation should withdraw from the organisation, if the FWC is satisfied that:\n    (ii) addresses any matters mentioned in paragraph 95(1)(b) or prescribed for the purposes of paragraph 95(1)(c) in a fair and accurate manner; and\n  (3) If the FWC orders that a ballot be held, it may make such orders as it thinks fit in relation to the conduct of the ballot.\n\n  A constituent member of an amalgamated organisation is not eligible to vote in a ballot under this Division unless the person:\n\n  (1) All ballots are to be conducted by the AEC in accordance with the regulations. The expenses of conducting such a ballot are to be borne by the Commonwealth.\n  (2) The ballot paper sent to the constituent members of a constituent part of an amalgamated organisation in connection with a proposal for the constituent part to withdraw from the amalgamated organisation must be accompanied by:\n\n  require (by written notice) an officer or employee of the amalgamated organisation concerned or of a branch of the organisation:\n    (c) to give to the official, within the period (of not less than 7 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person; and\n    (d) to produce or make available to the official, at a reasonable time (being a time not less than 7 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access.\n  (2) An officer or employee of an organisation or branch of an organisation commits an offence if he or she fails to comply with a requirement made under subsection (1).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) A person is not excused from giving information or producing or making available a document under this section on the ground that the information or the production or making available of the document might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing or making available the document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty, other than proceedings under, or arising out of, subsection 104(3).\n  (7) If any information or document specified in a notice under subsection (1) is kept in electronic form, the electoral official may require it to be made available in that form.\n\n  (1) If a requirement is made under subsection 103(1) in relation to the register, or part of the register, kept by an organisation under section 230, the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n    (b) uses any form of intimidation or inducement to prevent from voting, or to influence the vote of, a person entitled to vote at the ballot; or\n    (c) threatens, offers or suggests, or uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n    (d) gives, or promises or offers to give, any property or benefit of any kind with the intention of influencing or affecting anything referred to in subparagraph (c)(i), (ii) or (iii); or\n    (e) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that anything referred to in subparagraph (c)(i), (ii) or (iii) will be influenced or affected in any way; or\n\n    in such a manner that the relevant person can see the vote while the ballot paper is being marked or after it has been marked; or\n    (b) in the case where the relevant person is a person performing duties for the purposes of the ballot—the relevant person shows another person, or permits another person to have access to, a ballot paper used in the ballot, otherwise than in the performance of the duties.\n\n  (1) Within 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot:\n  (2) Immediately after signing a certificate referred to in subsection (1), the electoral official must give a copy of the certificate to:\n  (3) Immediately after signing a certificate referred to in subsection (1), the electoral official must make a copy of the certificate available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n\n  (2) After the completion of the ballot, the AEC must make a report on the conduct of the ballot available in any way that it considers appropriate to each applicant under paragraph 94(3)(a).\n  (4) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the ballot, contained at the time of the ballot:\n\n  (1) Not later than 30 days after the result of a ballot under this Part is declared, application may be made to the FWC, as prescribed, for an inquiry by the FWC into alleged irregularities in relation to the ballot.\n  (2) If the FWC finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, the FWC may:\n  (3) The regulations may make provision with respect to the procedure for inquiries by the FWC into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.\n\n  (1) If more than 50% of the formal votes cast in a ballot are in favour of a constituent part of an amalgamated organisation withdrawing from the organisation, the Federal Court must, on application:\n    (b) make such orders as are necessary to apportion the assets and liabilities of the amalgamated organisation between the amalgamated organisation and the constituent part; and\n    (a) the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de‑registered under Part 2 in connection with the formation of the amalgamated organisation; and\n    (c) any proposal for the apportionment of the assets and liabilities of the amalgamated organisation and the constituent part contained in the outline under section 95 relating to the application for the ballot; and\n    (d) if the constituent part is a separately identifiable constituent part—the proportion of the members of the amalgamated organisation that are included in the constituent part; and\n    (c) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or\n    (d) if the application relates to a separately identifiable constituent part—the committee of management of that part; or\n  (4) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).\n  (6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(b) and subparagraph (e)(ii) must be made.\n\n  (1) This section applies in the case of a withdrawal from amalgamation under this Part by a separately identifiable constituent part of an amalgamated organisation.\n  (2) As soon as practicable after the constituent part is registered as an organisation under section 110, the General Manager must send a written statement in accordance with subsection (3) to each person who, immediately before that registration, was a constituent member of the constituent part.\n    (b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:\n  (4) As soon as practicable after the amalgamated organisation receives a notice under paragraph (3)(b), it must notify the newly registered organisation of the receipt.\n  (5) As soon as practicable after the newly registered organisation receives a notice under paragraph (3)(b), it must notify the amalgamated organisation of the receipt.\n  (6) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to become a member of the newly registered organisation, the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n  (7) If a person referred to in subsection (2) gives written notice in accordance with paragraph (3)(b), within the notice period, that the person wants to remain a member of the amalgamated organisation, the person remains a member of the amalgamated organisation.\n  (8) If a person referred to in subsection (2) fails to give written notice in accordance with paragraph (3)(b), the person:\n    (a) ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and\n    (b) becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.\n    (a) is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and\n  (10) Despite subsection (8), if a person to whom that subsection would apply, at any time before the day upon which the constituent part is registered as an organisation under section 110, gives notice in writing to the amalgamated organisation or to the applicant for a ballot under section 94 that the person wishes to remain a member of the amalgamated organisation after the registration of the constituent part as an organisation under section 110, the person remains a member of the amalgamated organisation.\n  (11) As soon as practicable after the end of the notice period, the amalgamated organisation must notify the newly registered organisation of any notices under subsection (10) it has received.\n  (12) As soon as practicable after the end of the notice period, the newly registered organisation must notify the amalgamated organisation of any notices under subsection (10) the applicant under section 94 has received.\n\n  A person who is a member of the amalgamated organisation from which the constituent part withdrew to form a newly registered organisation may become a member of the newly registered organisation without payment of entrance fee if the person is eligible for membership of it.\n\n  (1) This section applies to an order of the FWC, a modern award or an enterprise agreement that, immediately before the day the registration takes effect, covered the amalgamated organisation in relation to the constituent part of the organisation and its members.\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the order, award or agreement to the amalgamated organisation included references to the newly registered organisation.\n\n    (b) has effect for all purposes (including the obligations of employers and organisations of employers) as if references in the agreement to the amalgamated organisation included references to the newly registered organisation.\n  (3) Subsection (2) ceases to have effect on the day occurring 5 years after the day on which the registration of the newly registered organisation takes effect.\n\n    (a) in force under section 151 immediately before the day on which registration of a newly registered organisation takes effect; and\n    (b) to which the amalgamated organisation from which a constituent part has withdrawn to form the newly registered organisation is a party;\n  continues in force on and from that day as if references in the agreement to the amalgamated organisation included a reference to the newly registered organisation.\n  (2) The General Manager must enter in the register kept under subsection 13(1) particulars of the effect of the withdrawal from amalgamation on the agreement.\n\n  (1) On and after the withdrawal day, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect.\n  (2) Subject to section 109, the instrument has effect, in relation to acts, omissions, transactions and matters done, entered into or occurring on or after that day as if a reference in the instrument to the amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation included a reference to the newly registered organisation.\n\n  If an amalgamated organisation from which a constituent part has withdrawn to form a newly registered organisation was, immediately before the withdrawal day, a party to a proceeding that:\n    (c) in the case of proceedings that concern wholly the interests of the constituent members—is substituted for the amalgamated organisation in those proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation had; and\n    (d) in the case of proceedings that concern in part the interests of the constituent members—becomes a party to the proceedings and has the same rights and obligations in the proceedings as the amalgamated organisation has.\n\n  (2) Nothing done by this Division, and nothing done by a person because of, or for a purpose connected with or arising out of, this Division:\n    (ii) any contractual provision prohibiting, restricting or regulating the assignment or transfer of any asset or liability or the disclosure of any information; or\n  (3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Division in a particular respect, the consent is taken to have been given.\n\n  (1) The following must take such steps as are necessary to ensure that the withdrawal from amalgamation, and the operation of this Division in relation to the withdrawal from amalgamation, are fully effective:\n  (2) The Federal Court may, on the application of an interested person, make such orders as it considers appropriate to ensure that subsection (1) is given effect to.\n\n    (a) land or an interest in land becomes, under this Division, land or an interest in land of a newly registered organisation; and\n    (iii) states that the land or interest has, under this Division, become land or an interest in land of the newly registered organisation;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n    (d) deal with, and give effect to, the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the land (including all rights, title and interest in the land) or the interest in the land, as the case may be, to the newly registered organisation that had been properly executed under the law of the State or Territory.\n\n    (d) deal with, and give effect to, the certificate as if it were a notice of assignment of the charge that had been properly lodged with that Commission.\n\n    (a) a newly registered organisation becomes, under this Division, the holder of a share, debenture or interest in a company; and\n    (iii) states that the newly registered organisation has become, under this Division, the holder of the share, debenture or interest;\n  the company must take all steps necessary to register or record the matter in the same way as transfers of shares, debentures or interests in the company are registered or recorded.\n\n    (a) an asset (other than an asset to which section 119, 120 or 121 applies) becomes, under this Division, an asset of a newly registered organisation; and\n    is given to the person or authority who has, under Commonwealth, State or Territory law, responsibility for keeping a register in relation to assets of that kind;\n    (d) deal with, and give effect to, the certificate as if the certificate were a proper and appropriate instrument for transactions in relation to assets of that kind.\n\n    (a) was elected to office (the constituent office) in the constituent part that withdrew from an amalgamated organisation to form the new registered organisation; and\n  holds the equivalent office in the newly registered organisation as if he or she were elected under the rules of the newly registered organisation.\n    (a) the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and\n\n  The regulations may provide for any other matters relating to giving effect to the withdrawal of constituent parts from amalgamated organisations.\n\n  (1) If any difficulty arises in relation to the application of this Part to a particular matter, the Federal Court may, on the application of an interested person, make such order as it thinks proper to resolve the difficulty.\n\n  (1) Subject to this section and to section 128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:\n    (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and\n    (c) an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and\n\n  (1) Subject to subsection (2) and section 128, after the end of 4 years from the day an act is done for the purposes of a proposed or completed withdrawal from amalgamation by:\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of that 4 years.\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 126 or 127 in relation to an act would do substantial injustice, having regard to the interests of:\n    (a) the amalgamated organisation from which a constituent part withdrew to form a newly registered organisation, or the constituent part; or\n  (2) Where a declaration is made, section 126 or 127, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n\n  (1) Any of the following may apply to the Federal Court for a determination of the question whether an invalidity has occurred in a proposed withdrawal from amalgamation or completed withdrawal from amalgamation:\n    (d) a member of, or any other person having a sufficient interest in relation to, a body referred to in paragraph (a), (b) or (c).\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind mentioned in that subsection has occurred, the Court may make such orders as it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) without satisfying itself that such an order would not do substantial injustice to:\n    (g) any other person having dealings with the amalgamated organisation, the constituent part or the newly registered organisation.\n  (6) This section applies to an invalidity whenever occurring (including an invalidity occurring before the commencement of this section).\n\n    (a) an act done, or omitted to be done, under or for the purposes of this Part, or regulations made for the purposes of this Part;\n    (b) an act done, or omitted to be done, in connection with the proposal of, or preparation for, an act or omission of a kind referred to in paragraph (a).\n    (i) encouraging a person to resign his or her membership of the amalgamated organisation from which the constituent part withdrew to form the newly registered organisation so that the person can become a member of the newly registered organisation.\n\n  (1) The amalgamated organisation, or an officer or member of the organisation, must not impose, or threaten to impose, a penalty, forfeiture or disability of any kind on:\n  because the member, officer, branch or part concerned does, or proposes to do, an act or omission referred to in section 130.\n  (2) The Federal Court may, if the Court considers it appropriate in all the circumstances, make one or more of the following orders in respect of conduct that contravenes subsection (1):\n    (c) injunctions (including interim injunctions), and any other orders, that the Court considers necessary to stop the conduct or remedy its effects;\n  (4) For the purposes of this section, action done by one of the following bodies or persons is taken to have been done by an amalgamated organisation:\n    (d) a member of the amalgamated organisation, who performs the function of dealing with an employer on behalf of other members of the organisation, acting in that capacity.\n\nPart 3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a demarcation dispute:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees that does not have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees is to have that right;\n    (c) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation.\n\n  (2) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1).\n\n    (a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:\n\n  In considering whether to make an order under section 133, the FWC must have regard to the wishes of the employees who are affected by the dispute and, where the FWC considers it appropriate, is also to have regard to:\n    (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and\n    (b) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (d) any other order made by the FWC, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the FWC considers to be relevant.\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under section 133, make such orders as it thinks fit to ensure compliance with that order.\n\nNote: In addition to registered organisations, this Part also applies to transitionally recognised associations (see clause 3 of Schedule 1) and recognised State‑registered associations (see clause 2 of Schedule 2).\n\n  (1) Subject to this Part, Part 4 and subsection 151(6), the FWC may, on the application of an organisation, an employer or the Minister, make the following orders in relation to a dispute (including a threatened, impending or probable dispute) about the entitlement of an organisation of employees to represent, under this Act or the Fair Work Act, the industrial interests of employees:\n    (a) an order that an organisation of employees is to have the right, to the exclusion of another organisation or other organisations, to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group who are eligible for membership of the organisation;\n    (b) an order that an organisation of employees is not to have the right to represent under this Act or the Fair Work Act the industrial interests of the employees in a particular workplace group.\n\n  (2) The FWC may make an interim order in relation to an application under subsection (1) on application by a person or organisation who would have been eligible to make the application under subsection (1).\n  (3) The FWC must not make an order under subsection (2) if the FWC considers that the making of the order would be unfair to a person or organisation other than the applicant.\n  (4) An interim order made under subsection (2) ceases to have effect if the application under subsection (1) is determined.\n  (5) The FWC may, on application by an organisation, an employer or the Minister, vary an order made under subsection (1) or (2).\n  (6) The FWC may, on its own initiative, vary an order made under subsection (1) or (2) if the order is inconsistent with an order that is in force under subsection 133(1).\n  (7) The FWC must not make an order under subsection (1) or (2) if the order would be inconsistent with an order that is in force under subsection 133(1).\n\n  (1) In considering whether to make an order under subsection 137A(1) in relation to a particular workplace group, the FWC must have regard to:\n    (c) the extent to which particular organisations of employees represent the employees in the workplace group, and the nature of that representation; and\n    (d) any agreement or understanding of which the FWC becomes aware that deals with the right of an organisation of employees to represent under this Act or the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (a) the workplace group relates to a genuine new enterprise (within the meaning of the Fair Work Act) that one or more employers are establishing or propose to establish; and\n    (b) the employer or employees have not employed any of the persons who will be necessary for the normal conduct of that enterprise;\n  the FWC must, as far as practicable, have regard to the matters set out in subsection (1) as they would apply in relation to the persons who would be the employees in the workplace group.\n\n> Note: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12 of the Fair Work Act).\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees registered under a State or Territory industrial law have become eligible for membership of the organisation;\n  a reference in this section to the organisation includes a reference to the association referred to in paragraph (b) of this subsection.\n\n  (1) A peak council is entitled to make a submission for consideration in relation to the proposed making of an order under subsection 137A(1).\n\n  (2) The Federal Court may, on application by the Minister or a person or organisation affected by an order made under subsection 137A(1) or (2), make such orders as it thinks fit to ensure compliance with that order.\n\n    (a) the eligibility rules of an organisation of employees have been altered with the consent of the General Manager under section 158A; and\n    (b) because of the alteration, members of an association of employees that is registered under a State or Territory industrial law (a State registered association) have become eligible for membership of the organisation; and\n    (ii) was an order of the same kind as, or of a similar kind to, an order that the FWC could make under this Chapter in relation to an organisation;\n  the FWC may, on application by the organisation or by a party to the State representation order, make an order in relation to the organisation that is to the same effect, or substantially the same effect, as the State representation order.\n\n  (1) Regulations made for the purposes of this subsection may modify the way in which this Chapter applies in relation to an organisation that, before becoming recognised under this Act, was a State‑registered association or a transitionally recognised association.\n  (2) Without limiting subsection (1), the regulations may specify the weight that the FWC is to give, in making an order in relation to the rights of such an organisation to represent the interests under this Act or the Fair Work Act of a particular class or group of employees, to a State demarcation order.\n\nPart 3 sets out processes available to members who think that their organisation’s rules do not comply with this Chapter, or are not being followed.\n\n    (i) the powers and duties of the committees of the organisation and its branches, and the powers and duties of holders of offices in the organisation and its branches; and\n    (ii) the manner of summoning meetings of members of the organisation and its branches, and meetings of the committees of the organisation and its branches; and\n    (iia) the keeping of minute books in which are recorded proceedings and resolutions of meetings of committees of management of the organisation and its branches; and\n    (iv) the control of committees of the organisation and its branches respectively by the members of the organisation and branches; and\n    (xii) the keeping of a register of the members, arranged, where there are branches of the organisation, according to branches; and\n    (c) may provide for the removal from office of a person elected to an office in the organisation only where the person has been found guilty, under the rules of the organisation, of:\n    (ca) must require the organisation and each of its branches to develop and implement policies relating to the expenditure of the organisation or the branch (as the case may be); and\n\n  (2) The rules of an organisation of employees may include provision for the eligibility for membership of the organisation of independent contractors who, if they were employees performing work of the kind which they usually perform as independent contractors, would be employees eligible for membership of the organisation.\n\n> committee, in relation to an organisation or branch of an organisation, means a collective body of the organisation or branch that has powers of the kind mentioned in paragraph (1)(b) of the definition of office in section 9.\n\n    (a) must not be contrary to, or fail to make a provision required by this Act, the Fair Work Act, a modern award or an enterprise agreement, or otherwise be contrary to law; and\n    (c) must not impose on applicants for membership, or members, of the organisation, conditions, obligations or restrictions that, having regard to Parliament’s intention in enacting this Act (see section 5) and the objects of this Act and the Fair Work Act, are oppressive, unreasonable or unjust; and\n    (d) must not discriminate between applicants for membership, or members, of the organisation on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.\n  (2) For the purposes of paragraph (1)(d), rules of an organisation are taken not to discriminate on the basis of age if the rules do not prevent the organisation setting its membership dues by reference to rates of pay even where those rates are set by reference to a person’s age.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules dealing with the matters referred to in paragraph 141(1)(ca). An organisation or a branch of an organisation may adopt model rules in whole or in part, and with or without modification.\n\n    (ii) a collegiate electoral system that, in the case of a full‑time office, is a one‑tier collegiate electoral system; and\n    (b) must provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organisation or a branch, section or division of the organisation; and\n    (c) must provide that, if the returning officer conducting an election finds a nomination to be defective, the returning officer must, before rejecting the nomination, notify the person concerned of the defect and, where practicable, give the person the opportunity of remedying the defect within such period as is applicable under the rules, which must, where practicable, be not less than 7 days after the person is notified; and\n    (i) in relation to a direct voting system ballot (including a direct voting system ballot that is a stage of an election under a collegiate electoral system)—the day on which the roll of voters for the ballot is to be closed; and\n  (3) The day provided for in the rules of an organisation as the day on which the roll of voters is to be closed (see paragraph (1)(e)) must be a day no earlier than 30 days, and no later than 7 days, before the day on which nominations for the election open.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n  (5) The reference in paragraph (1)(c) to a nomination being defective does not include a reference to a nomination of a person that is defective because the person is not qualified to hold the office to which the nomination relates.\n  (6) The rules providing for the day on which the roll of voters for a ballot is to be closed are not to be taken to prevent the correction of errors in the roll after that day.\n\n  (1) Where the rules of an organisation provide for election for an office to be by a direct voting system, the rules must also provide that, where a ballot is required for such an election, it must be a secret postal ballot.\n  (2) An organisation may lodge with the FWC an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organisation, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.\n    (i) comply with and are not contrary to this Act (other than subsection (1)), the Fair Work Act, modern awards or enterprise agreements; and\n    (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and\n  (4) Proposed alterations of the rules of an organisation referred to in subsection (2) take effect if and when the General Manager grants to the organisation an exemption from subsection (1).\n    (a) on application by the organisation, if the General Manager is satisfied that the rules of the organisation comply with subsection (1); or\n    (i) that the rules of the organisation provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot; or\n    and the General Manager has given the organisation an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n  (7) Where the General Manager revokes an exemption granted to an organisation on the ground specified in paragraph (6)(b), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of the organisation as are, in the General Manager’s opinion, necessary to bring them into conformity with subsection (1).\n  (8) An alteration of the rules of an organisation determined under subsection (7) takes effect on the date of the instrument.\n  (9) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager to grant an exemption under subsection (3).\n\n  (10) This section applies in relation to elections for offices in branches of organisations as if references to an organisation were references to a branch of an organisation.\n\n  (1) The rules of an organisation must, subject to subsection (2), provide terms of office for officers in the organisation of no longer than 4 years without re‑election.\n  (2) The rules of an organisation, or a branch of an organisation, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organisation or branch, as the case may be.\n  (4) A reference in this section (other than subsection (2)) to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n  (1) The rules of an organisation may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.\n  (2) Rules made under subsection (1) must not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:\n  (3) Where, under rules made under subsection (1), a vacancy in an office in an organisation is filled otherwise than by an ordinary election, the person filling the vacancy must be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.\n  (4) A reference in this section to the rules of an organisation includes a reference to the rules of a branch of the organisation.\n\n    (b) the rules of the organisation (other than rules made under subsection (1)) providing for the filling of a casual vacancy in an office otherwise than by an ordinary election.\n\n> term, in relation to an office, means the total period for which the last person elected to the office by an ordinary election (other than an ordinary election to fill a casual vacancy in the office) was entitled by virtue of that election (having regard to any rule made under subsection 145(2)) to hold the office without being re‑elected.\n\n  (1) The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules for the conduct of elections for office. An organisation may adopt model rules in whole or in part, and with or without modification.\n\n  The Minister may, by notice published in the Gazette, issue guidelines containing one or more sets of model rules about the conduct of officers and employees. An organisation may adopt the model rules in whole or in part, and with or without modification.\n\n  (1) The rules of an organisation must provide that a loan, grant or donation of an amount exceeding $1,000 must not be made by the organisation unless the committee of management:\n    (ii) in the case of a loan—that, in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and\n  (2) In spite of subsection (1), the rules of an organisation may provide for a person authorised by the rules to make a loan, grant or donation of an amount not exceeding $3,000 to a member of the organisation if the loan, grant or donation:\n    (b) is subject to a condition to the effect that, if the committee of management, at the next meeting of the committee, does not approve the loan, grant or donation, it must be repaid as determined by the committee.\n  (3) In considering whether to approve a loan, grant or donation made under subsection (2), the committee of management must have regard to:\n  (4) Nothing in subsection (1) requires the rules of an organisation to make provision of the kind referred to in that subsection in relation to payments made by the organisation by way of provision for, or reimbursement of, out‑of‑pocket expenses incurred by persons for the benefit of the organisation.\n  (6) For the purposes of the application of this Division to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\n> ineligible State members, in relation to an organisation, means the members of a State union who, under the eligibility rules of the organisation, are not eligible to be members of the organisation.\n\n    (b) an association of employees in Tasmania which is neither registered under this Act nor part of an organisation registered under this Act;\n  and which is composed substantially of persons who, under the eligibility rules of the organisation, are eligible to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements in the prescribed form with State unions to the effect that members of the State union concerned who are ineligible State members are eligible to become members of the organisation under the agreement.\n  (2) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (3) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (4) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (iii) any subsisting agreement or understanding of which the FWC is aware that deals with the organisation’s entitlement to represent under this Act, or the Fair Work Act, the industrial interests of a particular class or group of employees; and\n    (i) overcoming any legal or practical difficulty that might arise in connection with the participation, or possible participation, of ineligible State members in the administration of the organisation or in the conduct of its affairs; or\n  (6) An organisation is not entitled to represent under this Act, or the Fair Work Act, the industrial interests of persons who are eligible for membership of the organisation only under an agreement entered into under rules made under subsection (1).\n  (7) If a person who became a member of an organisation under an agreement entered into under rules made under subsection (1) later becomes eligible for membership of the organisation under its eligibility rules, the organisation is not entitled to represent the industrial interests of the person until a record of the person’s eligibility is entered in the register kept under paragraph 230(1)(a).\n  that an agreement entered into under rules made under subsection (1) may no longer be operating for a purpose mentioned in subparagraph (5)(b)(i) or (ii), the FWC must give to the parties to the agreement an opportunity to make oral or written submissions as to whether the agreement is still operating for such a purpose.\n  (9) If, after considering any such submissions and, in the case of an application under paragraph (8)(b), the matters raised by the applicant, the FWC is satisfied that the agreement is no longer operating for such a purpose, the FWC may, by order, terminate the agreement.\n  (11) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the organisation must lodge with the FWC a copy of the agreement to terminate.\n\n  (11A) If an organisation and a State union agree, in writing, to terminate an agreement entered into under rules made under subsection (1), the General Manager must as soon as practicable enter particulars of the termination in the register kept under subsection 13(1).\n  (12) The termination of an agreement takes effect when particulars of the termination are entered in the register as mentioned in paragraph (10)(b) or (11)(b) and, when the termination takes effect, persons who became members of the organisation under the agreement (other than a person whose eligibility for membership of the organisation under its eligibility rules is recorded as mentioned in subsection (7)) cease to be members of the organisation.\n\n  (1) The rules of an organisation of employees may authorise the organisation to enter into agreements with State unions setting out arrangements for the management and control of the assets and liabilities of the organisation and the State union concerned.\n  (3) If, under rules made under subsection (1), an organisation enters into an agreement with a State union, the organisation must lodge a copy of the agreement with the FWC.\n\n  (4) The agreement does not come into force unless and until the General Manager enters particulars of the agreement in the register kept under subsection 13(1).\n  (5) The General Manager must not enter particulars of the agreement in that register unless he or she has been directed by the FWC to do so.\n    (a) is not contrary to Parliament’s intention in enacting this Act (see section 5) or any object of this Act or the Fair Work Act; and\n\n  (1) An organisation or a State union who is a party to an agreement made under section 152 (a section 152 agreement) may apply to the Federal Court for orders:\n  (2) In making an order under subsection (1), the Court must have regard to the interests of any lessor, lessee or creditor of the organisation or State union.\n  (3) An order made under subsection (1) has effect despite anything in the rules of the organisation or State union who are the parties to the agreement.\n\n  (1) If an organisation and a State union agree, in writing, to terminate an agreement made under section 152 (a section 152 agreement), the termination has no effect unless the parties apply to the Federal Court for approval under this section and the Court gives its approval.\n    (a) the parties have made an agreement (a termination agreement) that makes appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement; or\n    (b) the Court makes orders that will, in the Court’s opinion, make appropriate provision for the management and control of the assets and liabilities of the organisation and State union after termination of the section 152 agreement.\n  (3) In determining whether a termination agreement, or orders, make appropriate provision as required by subsection (2), the Court must have regard to the following factors:\n    (a) the positions of the organisation and State union in relation to their respective assets and liabilities before the section 152 agreement took effect;\n    (b) the fairness, in all the circumstances, of the manner in which relevant assets and liabilities acquired after the section 152 agreement took effect will be dealt with after termination of the agreement;\n    (c) how the interests of lessors, lessees or creditors of the organisation and the State union will be affected by the termination and subsequent arrangements;\n  (4) If the Court approves a termination agreement, the Court must direct the General Manager to enter particulars of the agreement in the register kept under subsection 13(1), and particulars of any orders made by the Court that relate to the agreement.\n  (5) A termination agreement takes effect on the day specified by the Court. The day specified by the Court must not be a day earlier than the day on which the Court approves the agreement.\n\n  The rules of an organisation may provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) The rules of an organisation may provide for a fund of the branch that is to be managed and controlled under rules of the branch, and may make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n\n  (1) Where the rules of an organisation do not, in the General Manager’s opinion, make provision required by this Act, the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to bring them into conformity with this Act.\n\n    (a) in the course of an organisation being registered under section 19, an undertaking was given under subsection 19(2) to avoid demarcation disputes that might otherwise arise from an overlap between its eligibility rules and the eligibility rules of another organisation; and\n  the FWC may, by instrument, determine such alterations of the rules of the organisation as are, in the FWC’s opinion, necessary to remove the overlap.\n  (2) The FWC must give the organisation and the other organisation an opportunity, as prescribed, to be heard on the matter.\n\n  (1) A change in the name of an organisation, or an alteration of the eligibility rules of an organisation, does not take effect unless:\n  (2) The FWC may consent to a change or alteration in whole or part, but must not consent unless the FWC is satisfied that the change or alteration has been made under the rules of the organisation.\n  (3) The FWC must not consent to a change in the name of an organisation unless the FWC is satisfied that the proposed new name of the organisation:\n  (4) The FWC must not consent to an alteration of the eligibility rules of an organisation if, in relation to persons who would be eligible for membership because of the alteration, there is, in the opinion of the FWC, another organisation:\n  (5) However, subsection (4) does not apply if the FWC accepts an undertaking from the organisation seeking the alteration that the FWC considers appropriate to avoid demarcation disputes that might otherwise arise from an overlap between the eligibility rules of that organisation and the eligibility rules of the other organisation.\n  (6) The FWC may refuse to consent to an alteration of the eligibility rules of an organisation if satisfied that the alteration would contravene an agreement or understanding to which the organisation is a party and that deals with the organisation’s right to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of persons.\n    (a) is satisfied that the alteration would change the effect of any order made by the FWC under section 133 about the right of the organisation to represent under this Act and the Fair Work Act the industrial interests of a particular class or group of employees; and\n    (b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.\n  (8) Subsections (6) and (7) do not limit the grounds on which the FWC may refuse to consent to an alteration of the eligibility rules of an organisation.\n  (10) This section does not apply to a change in the name, or an alteration of the eligibility rules, of an organisation that is:\n    (b) proposed to be made for the purposes of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  (1) The General Manager must, on application by an organisation in accordance with subsection (2), consent to an alteration of the eligibility rules of the organisation to extend them to apply to persons within the eligibility rules of an association of employers or employees that is registered under a State or Territory industrial law, if the General Manager is satisfied:\n    (d) that the alteration will not apply outside the limits of the State or Territory for which the association is registered; and\n\n> Note: If the General Manager consents to the alteration, the FWC may make orders that reflect State representation orders (see section 137F).\n\n  (3) A declaration made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.\n\n  (1) An alteration of the rules (other than the eligibility rules) of an organisation does not take effect unless particulars of the alteration have been lodged with the FWC and the General Manager has certified that, in his or her opinion, the alteration:\n  (2) Where particulars of an alteration of the rules (other than the eligibility rules) of an organisation have been lodged with the FWC, the General Manager may, with the consent of the organisation, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n    (c) proposed to be made for the purpose of an amalgamation under Part 2 of Chapter 3 or Division 4 of Part 7 of Chapter 11; or\n\n  Where there has been a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under this Act, the General Manager must:\n    (a) immediately enter, in the register kept under subsection 13(1), particulars of the change or alteration, and the date of effect of the change or alteration; and\n    (b) as soon as practicable after the organisation produces its certificate of registration to the General Manager, amend the certificate accordingly and return it to the organisation.\n\n  In proceedings under this Act or the Fair Work Act, a copy of the rules of an organisation certified by the General Manager to be a true and correct copy is evidence of the rules of the organisation.\n\n  (1) A member, or an applicant for membership, of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n  (2) If the application is made by a member, the order under this section may declare that the whole or a part of a rule of an organisation contravenes section 142 or that the rules of an organisation contravene section 142 in a particular respect.\n  (3) If the application is made by an applicant for membership, the order under this section may declare that the whole or a part of a rule of an organisation contravenes paragraph 142(1)(c) or (d) or that the rules of an organisation contravene paragraph 142(1)(c) or (d) in a particular respect.\n  (4) An organisation in relation to which an application is made under this section must be given an opportunity of being heard by the Court.\n  (5) The Court may, without limiting any other power of the Court to adjourn proceedings, adjourn proceedings in relation to an application under this section for such period and on such terms and conditions as it considers appropriate for the purpose of giving the organisation an opportunity to alter its rules.\n  (6) Where an order under this section declares that the whole or a part of a rule contravenes section 142, the rule or that part of the rule, as the case may be, is taken to be void from the date of the order.\n    (a) the Court makes an order declaring as mentioned in subsection (2) or (3) in relation to the rules of an organisation; and\n    (b) at the end of 3 months from the making of the order, the rules of the organisation have not been altered in a manner that, in the opinion of the appropriate authority, brings them into conformity with section 142 in relation to the matters that gave rise to the order;\n  the appropriate authority must, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine, by instrument, such alterations of the rules as will, in the appropriate authority’s opinion, bring the rules into conformity with that section in relation to those matters.\n\n  (8) The appropriate authority may, on the application of the organisation made within the period of 3 months referred to in subsection (7) or within any extension of the period, extend, or further extend, the period.\n  (10) At any time after a proceeding under this section has been instituted, the Court may make any interim orders that it considers appropriate in relation to a matter relevant to the proceeding.\n  (11) An order under subsection (10) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n  (13) In this section, a reference to a rule, or the rules, of an organisation includes a reference to a rule, or the rules, of a branch of an organisation.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under this section in relation to the organisation.\n\n  (2) Before making an order under this section, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (3) The Court may refuse to deal with an application for an order under this section unless it is satisfied that the applicant has taken all reasonable steps to try to have the matter that is the subject of the application resolved within the organisation.\n  (4) At any time after the making of an application for an order under this section, the Court may make any interim orders that it considers appropriate and, in particular, orders intended to further the resolution within the organisation concerned of the matter that is the subject of the application.\n  (5) An order under subsection (4) continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of the proceeding concerned.\n\n> order under this section means an order giving directions for the performance or observance of any of the rules of an organisation by any person who is under an obligation to perform or observe those rules.\n\n  (1) A member of an organisation may apply to the Federal Court for an order under subsection (4) in relation to the organisation.\n  (2) Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard.\n  (4) Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.\n  (5) The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.\n\n  (1) An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.\n  (2) An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.\n\n  (3) Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.\n  (4) Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.\n\nThis Chapter sets out rules about membership of organisations. It covers entitlement to membership, circumstances in which a person may cease to be a member, recovery of money from members by organisations, and conscientious objection to membership.\n\n  (1) Subject to any modern award or order of the FWC, a person who is eligible to become a member of an organisation of employees under the eligibility rules of the organisation that relate to the occupations in which, or the industry or enterprise in relation to which, members are to be employed is, unless of general bad character, entitled, subject to payment of any amount properly payable in relation to membership:\n\n> Note 1: Rules of an organisation must provide for the circumstances in which a person ceases to be a member of an organisation (see subparagraph 141(1)(b)(vii)).\n\n> Note 2: If a member fails to pay his or her membership dues for 24 months, this may result in the person ceasing to be a member, regardless of the rules of the organisation (see section 172).\n\n> Note 3: See also section 168, which deals with a special case of entitlement to membership (person treated as having been a member).\n\n  (2) Subsection (1) does not entitle a person to remain a member of an organisation if the person ceases to be eligible to become a member and the rules of the organisation do not permit the person to remain a member.\n    (b) in spite of anything in the rules of the organisation, is not to be treated as not being eligible for membership of an organisation merely because the person has never been employed in the occupation.\n  (4) Subject to subsection (5) and to any modern award or order of the FWC, an employer who is eligible to become a member of an organisation of employers is entitled, subject to payment of any amount properly payable in relation to membership:\n    (ii) a body corporate whose constituent documents make provisions inconsistent with the purposes for which the organisation was formed; or\n    (b) to remain a member of an organisation if the employer ceases to be eligible to become a member and the rules of the organisation do not permit the employer to remain a member.\n  (6) Subsections (1) and (4) have effect in spite of anything in the rules of the organisation concerned, except to the extent that they expressly require compliance with those rules.\n\n    (a) to be admitted as a member of an organisation (whether for the first time or after having resigned, or been removed, as a member of the organisation); or\n  application may be made to the Federal Court for a declaration as to the entitlement of the person under this section by either of the following:\n  (2) On the hearing of an application under subsection (1), the Court may, in spite of anything in the rules of the organisation concerned, make such order to give effect to its declaration as it considers appropriate.\n    (a) an order requiring the organisation concerned to treat a person to whom subsection 166(1) or (4) applies as being a member of the organisation; and\n    (b) in the case of a question as to the entitlement under this section of a person to be admitted as a member of an organisation, where the person has previously been removed from membership of the organisation—an order that the person be taken to have been a member of the organisation in the period between the removal of the person from membership and the making of the order.\n  (4) On the making of an order as mentioned in paragraph (3)(a), or as otherwise specified in the order, the person specified in the order becomes, by force of this section, a member of the organisation concerned.\n    (b) the person specified in the order pays to the organisation concerned any amount that the person would have been liable to pay to the organisation if the person had been a member of the organisation during the period specified in the order;\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity of being heard by the Court.\n\n    (a) a person who is eligible for membership of an organisation (other than a member of the organisation or a person who has been expelled from the organisation) applies to be admitted as a member of the organisation; and\n    (b) the person has, up to a time within one month before the application, acted in good faith as, and been treated by the organisation as, a member;\n  the person is entitled to be admitted to membership and treated by the organisation and its members as though the person had been a member during the whole of the time when the person acted as, and was treated by the organisation as, a member and during the whole of the time from the time of the person’s application to the time of the person’s admission.\n  (2) Where a question arises as to the entitlement under this section of a person to be admitted as a member and to be treated as though the person had been a member during the times referred to in subsection (1):\n  (3) Subject to subsection (5), the Court may, in spite of anything in the rules of the organisation concerned, make such orders (including mandatory injunctions) to give effect to its determination as it considers appropriate.\n  (4) The orders that the Court may make under subsection (3) include an order requiring the organisation concerned to treat a person to whom subsection (1) applies as being a member of the organisation and as having been a member during the times referred to in subsection (1).\n    (a) if the application is made by an organisation—the person whose entitlement is in question must be given an opportunity to be heard by the Court; and\n    (b) if the application is made by the person whose entitlement is in question—the organisation concerned must be given an opportunity to be heard by the Court.\n\n  An organisation must, at the request of a person who is a member, give to the person, within 28 days after the request is made, a statement showing:\n\n  The Federal Court may at any time, in a proceeding under this Act or the Fair Work Act, order such rectifications of the register of members of an organisation as it considers necessary.\n\n  The Federal Court may, on the application of an organisation, order that a person’s membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.\n\n    (a) if the organisation is an association of employers—a person of a kind mentioned in paragraph 18A(3)(a), (b), (c) or (d); or\n    (b) if the organisation is an association of employees—a person of a kind mentioned in paragraph 18B(3)(a), (b), (c) or (d); or\n    (c) if the organisation is an enterprise association—a person of a kind mentioned in paragraph 18C(3)(a), (b), (c) or (d);\n\n    (a) the rules of an organisation require a member to pay dues in relation to the person’s membership of the organisation; and\n  the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.\n\n  (2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.\n  (3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.\n\n> Note: A non‑financial member’s membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisation’s own rules provide for this to happen.\n\n    (a) a person applies for membership of an organisation within 6 months after the person’s membership has ceased under section 172; and\n  the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.\n  (2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.\n\n  (1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.\n\n> Note: The notice of resignation can be given electronically if the organisation’s rules allow for this (see section 9 of the Electronic Transactions Act 1999).\n\n    (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;\n    (i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or\n  (3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the member’s resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.\n  (4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.\n  (5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).\n  (6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.\n\n> Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 359).\n\n  A person must not, in an application made under this Act or the Fair Work Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A person (the first person) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.\n\n  (2) Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.\n  (3) A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under a modern award, order or enterprise agreement.\n\n  (1) In spite of subsection 177(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.\n  (2) The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.\n\n  (1) Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.\n  (2) Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.\n\n    (i) in the case of a person who is an employer or is otherwise eligible to join an organisation of employers—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(a); or\n    (ii) in the case of a person who is an employee or is otherwise eligible to join an organisation of employees—that the person’s conscientious beliefs do not allow the person to be a member of an association of the kind described in paragraph 18(b) or (c); and\n  (2) An appeal does not lie to the FWC under section 604 of the Fair Work Act against a decision of the General Manager to issue a certificate under subsection (1).\n  (3) Subject to subsection (4), a certificate under subsection (1) remains in force for the period (not exceeding 12 months) specified in the certificate, but may, as prescribed, be renewed from time to time by the General Manager for such period (not exceeding 12 months) as the General Manager considers appropriate.\n    (a) the General Manager becomes aware of a matter that was not known to the General Manager when a certificate was issued by the General Manager to a person under subsection (1); and\n    (b) if the General Manager had been aware of the matter when the application for the certificate was being considered, the General Manager would not have issued the certificate;\n  the General Manager may, after giving the person an opportunity, as prescribed, to show cause why the certificate should not be revoked, revoke the certificate.\n\n> appropriate organisation, in relation to a person who has made an application under subsection (1), means the organisation that, in the opinion of the General Manager dealing with the application, would, but for the person’s conscientious beliefs, be the appropriate organisation for the person to join having regard to:\n\n    (b) in the case of a person who is otherwise eligible to join an organisation of employers—the business carried on by the person; or\n    (c) in the case of a person who is an employee—the past employment (if any), and the future prospects of employment, of the person; or\n    (d) in the case of a person who is otherwise eligible to join an organisation of employees—the work done by the person or the enterprise in which the person works.\n\n> conscientious beliefs means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.\n\n> prescribed fee, in relation to a person who has made an application under subsection (1), means a fee equal to the annual subscription that would be payable by the person if the person were a member of the appropriate organisation.\n\nThis Chapter deals with elections for positions in organisations. It does not deal with other kinds of ballots (for example, amalgamation and disamalgamation ballots, which are dealt with in Chapter 3).\n\nPart 2 sets out the rules for the conduct of elections. Elections for office must generally be conducted by the AEC. This Part also requires the AEC to conduct elections for some positions that are not offices, if the organisation concerned requests the AEC to do so.\n\nPart 4 sets out the circumstances in which people are disqualified from holding, or being elected to hold, office in organisations.\n\n  (1) Each election for an office in an organisation, or branch of an organisation, must be conducted by the AEC. The expenses of conducting such an election are to be borne by the Commonwealth.\n\n  (2) Subsection (1) does not apply in relation to an election for an office in an organisation or branch while an exemption granted to the organisation or branch, as the case may be, under section 186 is in force in relation to elections in the organisation or branch or an election for the particular office.\n  (3) If an organisation or branch of an organisation has made a request under section 187 in relation to an election for a position other than an office, the AEC must conduct the election.\n\n  (1) A committee of management of an organisation or branch of an organisation may lodge with the FWC an application for the organisation or branch, as the case may be, to be exempted from subsection 182(1) in relation to elections for offices, or an election for a particular office, in the organisation or branch.\n  (2) An application may not be made by a committee of management of an organisation or branch of an organisation unless the committee of management:\n  (3) An application under subsection (1) must be accompanied by a declaration by a member of the committee of management concerned stating that subsection (2) has been complied with.\n  (4) Where an application has been made under subsection (1), the General Manager must cause a notice setting out details of the application to be published, as prescribed, for the purpose of bringing the notice to the attention of members of the organisation or branch concerned.\n  (5) Where the rules of an organisation require an office to be filled by an election by the members, or by some of the members, of a single branch of the organisation, an election to fill the office is taken to be an election for the branch.\n\n  (1) Objection may be made to an application under subsection 183(1) by a member of the organisation or branch of the organisation in relation to which the application was made.\n\n  (1) A person commits an offence if the person uses, causes or inflicts any violence, injury, punishment, damage, loss or disadvantage to another person because the other person has lodged an objection under subsection 184(1).\n\n    (a) gives, or offers or promises to give, any property or benefit of any kind with the intention of influencing or affecting another person because the other person proposes to lodge, or has lodged, an objection under subsection 184(1); or\n    (b) asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that the lodging of an objection under subsection 184(1) will be influenced or affected in any way.\n\n  (1) Where an application in relation to an organisation or branch has been lodged under subsection 183(1) and, after any objections duly made have been heard, the General Manager is satisfied:\n    (a) that the rules of the organisation or branch comply with the requirements of this Act relating to the conduct of elections for office; and\n    (b) that, if the organisation or branch is exempted from subsection 182(1), the elections for the organisation or branch, or the election for the particular office, as the case may be, will be conducted:\n    (ii) in a manner that will afford members entitled to vote at such elections or election an adequate opportunity of voting without intimidation;\n  the General Manager may exempt the organisation or branch from subsection 182(1) in relation to elections for the organisation or branch, or the election for the particular office, as the case may be.\n    (ii) has given the committee of management of the organisation or branch an opportunity, as prescribed, to show cause why the exemption should not be revoked.\n\n  (1) If the rules of an organisation or branch of an organisation require an election to be held for a position other than an office in the organisation or branch, the organisation or branch, as the case may be, may request the AEC to conduct the election.\n\n    (b) signed by an officer of the organisation or branch who is authorised to do so by the committee of management of the organisation or branch; and\n  (3) A copy of the request must also be lodged with the FWC at the same time as the prescribed information in relation to the election is lodged (see section 189).\n\n  If the rules of an organisation provide for elections for office by postal ballot, a vote in the election cannot be counted unless the ballot paper on which it is recorded is returned as follows:\n\n  (1) An organisation or branch of an organisation must lodge with the FWC the prescribed information in relation to an election that is to be conducted by the AEC.\n\n    (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and\n    (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and\n\n  An organisation or branch commits an offence if it uses, or allows to be used, its property or resources to help a candidate against another candidate in an election under this Part for an office or other position.\n\n  (1) A person (the returning officer) conducting an election under this Part for an office or other position in an organisation, or branch of an organisation, may give a written request to an officer or employee of the organisation or branch to make available the register of members, or part of the register, kept by the organisation under section 230, to the returning officer for the purposes of the ballot.\n  (2) An officer or employee of the organisation or branch commits an offence if he or she fails to comply with a request under subsection (1).\n\n  (3) Subsection (2) does not apply if the officer or employee complied with the request as promptly as he or she was capable.\n\n  (5) If the register, or the relevant part of the register, is kept in electronic form, the returning officer may require the register to be made available in that form.\n  (6) A request under subsection (1) must specify the period within which the register must be made available. The period must not be less than 7 days after the request is given.\n\n    (b) the returning officer gives written notice of the request to the secretary or other prescribed officer of the organisation or branch concerned;\n  the secretary or other prescribed officer of the organisation must make a declaration, in accordance with subsection (2), that the register has been maintained as required by subsection 230(2).\n\n    (b) given to the returning officer, and lodged with the FWC, as soon as practicable but no later than the day before the first day of voting in the relevant election.\n  (3) A person must not, in a declaration for the purposes of subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:\n    (b) may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (6) An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:\n  (7) If an electoral official conducting, or taking a step in connection with, an election for an office or other position:\n  the Electoral Commissioner must arrange for the completion of the conduct of the election, or the taking of the step, by another electoral official.\n\n    (a) an electoral official in the performance of functions in relation to an election for an office or other position in an organisation or branch of an organisation; or\n\n  (1) This section applies in relation to an election for an office or other position in an organisation or branch of an organisation.\n    (b) does an act that results in a ballot paper or envelope being destroyed, defaced, altered, taken or otherwise interfered with; or\n    (d) delivers a ballot paper or other paper to a person other than a person receiving ballot papers for the purposes of the ballot; or\n    (k) does an act that results in a ballot box or other ballot receptacle being destroyed, taken, opened or otherwise interfered with.\n\n  (3) A person commits an offence if the person threatens, offers or suggests, or uses, causes or inflicts, any violence, injury, punishment, damage, loss or disadvantage with the intention of influencing or affecting:\n\n  (4) A person commits an offence if the person gives, or promises or offers to give, any property or benefit of any kind to a person with the intention of influencing or affecting any of the following:\n\n  (5) A person commits an offence if the person asks for or obtains, or offers or agrees to ask for or obtain, any property or benefit of any kind (whether for that person or another person), on the understanding that any of the following will be influenced or affected in any way:\n\n    (a) if the relevant person requests, requires or induces another person to show a ballot paper to the relevant person, or permits the relevant person to see a ballot paper, in such a manner that the relevant person can see the vote, while the ballot paper is being marked or after it has been marked; or\n    (b) if the relevant person is a person performing duties for the purposes of the election—if the relevant person shows to another person, or permits another person to have access to, a ballot paper used in the election, otherwise than in the performance of the duties.\n\n  (1) After the completion of an election conducted under this Part by the AEC, the AEC must give a written report on the conduct of the election to:\n\n> Note: The AEC may be able, in the same report, to report on more than one election it has conducted for an organisation. However, regulations made under paragraph 359(2)(c) may impose requirements about the manner and timing of reports.\n\n  (3) If the AEC is of the opinion that the register of members, or the part of the register, made available to the AEC for the purposes of the election contained, at the time of the election:\n    (b) in the case of a register kept by an organisation of employees—an unusually large proportion of members’ addresses that were workplace addresses;\n  this fact must be included in the report, together with a reference to any relevant model rules which, in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: Model rules are relevant only to the conduct of elections for office, not for elections for other positions (see section 147).\n\n  (4) If the report identifies a rule of the organisation or branch that, in the AEC’s opinion, was difficult to interpret or apply in relation to the conduct of the election, the report must also refer to any relevant model rules, which in the opinion of the AEC, could assist the organisation or branch to address this matter.\n\n> Note: An organisation can obtain an exemption from the requirement to hold elections for office by postal ballot (see section 144).\n\n  (1) If an organisation or branch is given a post‑election report under section 197 that identifies a rule that was difficult to interpret or apply, the organisation or branch must, within 30 days, give a written response to the AEC on that aspect of the report.\n\n  (2) The response must specify whether the organisation or branch intends to take any action in relation to the rule, and if so, what action it intends to take.\n  (3) The organisation or branch must also make available to its members the part of the report dealing with the difficult rule or rules (the relevant extract) and the organisation’s or branch’s response to it.\n  (4) The relevant extract must be made available to members no later than the day on which the response is to be made available by the organisation or branch to members.\n\n    (a) if the response is not to be published in the next edition of the organisation or branch journal—within 30 days after it is given to the AEC; and\n\n  (6) Without limiting the ways in which an organisation or branch may comply with subsection (3), it complies if it does all of the following:\n    (a) publishes, in the next edition of the organisation or branch journal, a copy of the relevant extract of the report and the organisation’s response;\n    (i) lodges with the FWC a copy of the relevant extract of the report and a copy of the response given to the AEC under subsection (1), together with a declaration that the organisation or branch will provide a copy of the extract and the organisation’s response to any member who so requests; and\n    (ii) gives notice in the next edition of the organisation or branch journal, or in an appropriate newspaper, that a copy of the relevant extract of the report and the organisation’s response is available, upon request, from the organisation or branch to each member free of charge;\n  (7) A declaration under paragraph (6)(b) must be signed by the secretary or other prescribed officer of the organisation or branch (as the case requires).\n  (8) A person must not, in a declaration for the purposes of paragraph (6)(b), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n> appropriate newspaper, in relation to an organisation or branch, means a newspaper, or newspapers, whose circulation covers the main geographical areas where members of the organisation or branch reside.\n\n> next edition, in relation to publishing a relevant extract of a post‑election report or response in a journal, means the first edition of the journal in which it is reasonably practicable for the report or the response (as the case may be) to be published.\n\n  (1) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the AEC, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, and the AEC, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept by the AEC for one year after the completion of the election.\n  (2) In spite of anything in the rules of an organisation or a branch of an organisation, where an election for an office in the organisation or branch is conducted by the organisation or branch, the organisation or branch, and every officer and employee of the organisation or branch who is able to do so, must take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents relevant to the election are preserved and kept at the office of the organisation or branch, as the case may be, for one year after the completion of the election.\n  (3) An organisation or branch of an organisation commits an offence if the organisation or branch contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.\n\n  (5) An officer or employee of an organisation or branch commits an offence if the officer or employee contravenes subsection (1) or (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6), see subsection 13.3(3) of the Criminal Code.\n\n  (1) If a person who is, or within the preceding period of 12 months has been, a member of an organisation claims that there has been an irregularity in relation to an election for an office in the organisation or a branch of the organisation, the person may make an application for an inquiry by the Federal Court into the matter.\n\n  (2) If the Electoral Commissioner believes that the result of an election for an office has been affected by an irregularity in relation to the election, the Electoral Commissioner must make an application for an inquiry by the Federal Court into the matter.\n  (3) If the Electoral Commissioner believes that there has been an irregularity in relation to an election for an office, the Electoral Commissioner may make an application for an inquiry by the Federal Court into the matter.\n\n> Note: This section relates only to elections for office. It does not apply to elections for positions other than offices (which can also be conducted under Part 2).\n\n  the Court must fix a time and place for conducting the inquiry, and may give such directions as it considers necessary to ensure that all persons who are or may be justly entitled to appear at the inquiry are notified of the time and place fixed and, where the Court fixes a time and place, the inquiry is taken to have been instituted.\n\n  (1) Where an application for an inquiry has been lodged with the Federal Court under section 200, the Court may authorise the General Manager to take any action referred to in subsection (2).\n  (2) If the General Manager is authorised for the purposes of subsection (1), the General Manager may take the following actions:\n    (b) for the purposes of any such inspection, entering, with such assistance as the General Manager considers necessary, any premises used or occupied by the organisation, or a branch of the organisation, concerned in which the General Manager believes election documents to be;\n    (c) giving a written notice to a person requiring the person to deliver to the General Manager, within the period and in the manner specified in the notice, any election documents in the possession or under the control of the person;\n    (e) retaining any election documents delivered to the General Manager, or of which the General Manager has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part arise out of the application, until the completion of the proceedings or such earlier time as the Court orders.\n  (3) Before authorising any action under subsection (1), the Court must, if it considers that, having regard to all the circumstances, a person should be given an opportunity of objecting to the proposed action, give such an opportunity to the person.\n  (4) The period specified in a notice given under paragraph (2)(c) must specify a period of at least 14 days after the notice is given.\n    (b) hinders or obstructs the General Manager, or a person acting on the General Manager’s behalf, in the exercise of powers under subsection (2).\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (7), see subsection 13.3(3) of the Criminal Code.\n\n  (8) A person is not excused from producing an election document under this section on the ground that the production of the document might tend to incriminate the person or expose the person to a penalty.\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n\n> election documents, in relation to an election, means ballot papers, envelopes, lists or other documents that have been used in, or are relevant to, the election.\n\n  (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A.\n  (5) The official is not entitled to enter premises under paragraph 202(2)(b) if he or she has not complied with subsection (4).\n    (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (8), see subsection 13.3(3) of the Criminal Code.\n\n  (1) Where an inquiry into an election has been instituted, the Federal Court may make one or more of the following orders:\n    (a) an order that no further steps are to be taken in the conduct of the election or in carrying into effect the result of the election;\n    (b) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates may act, or continue to act, in the office;\n    (c) an order that a person who has assumed an office, has continued to act in an office, or claims to occupy an office, to which the inquiry relates must not act in the office;\n    (d) an order that a person who holds, or last held before the election, an office to which the inquiry relates may act, or continue to act, in the office;\n    (e) where it considers that an order under paragraph (b) or (d) would not be practicable, would be prejudicial to the efficient conduct of the affairs of the organisation or would be inappropriate having regard to the nature of the inquiry, an order that a member of the organisation or another person specified in the order may act in an office to which the inquiry relates;\n  (2) Where the Court orders that a person may act, or continue to act, in an office, the person is, while the order remains in force and in spite of anything in the rules of the organisation or a branch of the organisation, to be taken to hold the office.\n  (3) An order under this section continues in force, unless expressed to operate for a shorter period or sooner discharged, until the completion of:\n\n  (1) The Federal Court must allow to appear at an inquiry all persons who apply to the Court for leave to appear and who appear to the Court to have an interest in the inquiry, and the Court may order any other person to appear.\n  (2) The persons appearing, or ordered under subsection (1) to appear, at an inquiry are taken to be parties to the proceeding.\n    (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.\n\n  (1) At an inquiry, the Federal Court must inquire into and determine the question whether an irregularity has happened in relation to the election, and such further questions concerning the conduct and results of the election as the Court considers necessary.\n  (2) For the purposes of subsection (1), the Court must determine whether an irregularity has happened on the balance of probabilities.\n  (3) In the course of conducting an inquiry, the Court may make such orders (including an order for the recounting of votes) as the Court considers necessary.\n  (4) If the Court finds that an irregularity has happened, the Court may, subject to subsection (5), make one or more of the following orders:\n    (b) an order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected;\n    (i) in the case of an uncompleted election—for a step in relation to the election (including the calling for nominations) to be taken again and for the uncompleted steps in the election to be taken; or\n    (ii) in the case of a completed election—for a step in relation to the election (including the calling for nominations) to be taken again or a new election to be held;\n    (d) an order (including an order modifying the operation of the rules of the organisation to the extent necessary to enable a new election to be held, a step in relation to an election to be taken again or an uncompleted step in an election to be taken) incidental or supplementary to, or consequential on, any other order under this section.\n  (5) The Court must not declare an election, or any step taken in relation to an election, to be void, or declare that a person was not elected, unless the Court is of the opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have happened or may happen, the result of the election may have been affected, or may be affected, by irregularities.\n  (6) Without limiting the power of the Court to terminate a proceeding before it, the Court may, at any time after it begins an inquiry into an election, terminate the inquiry or the inquiry to the extent that it relates to specified matters.\n\n  Where the Federal Court makes an order under paragraph 206(4)(c) in relation to an election, the General Manager must arrange for the taking of the necessary steps in relation to the election, or for the conduct of the new election, as the case requires, by the AEC.\n\n  The Federal Court may grant such injunctions (including mandatory injunctions) as it considers necessary for the effective performance of its functions and the enforcement of its orders under this Part.\n\n  (1) Where the Federal Court declares void the election of a person who has, since the election, purported to act in the office to which the person purported to have been elected, or declares such a person not to have been elected:\n    (a) subject to a declaration under paragraph (b), all acts done by or in relation to the person that could validly have been done by or in relation to the person if the person had been duly elected are valid; and\n    (b) the Court may declare an act referred to in paragraph (a) to have been void, and, if the Court does so, the act is taken not to have been validly done.\n  (2) Where an election is held, or a step in relation to an election is taken, under an order of the Court, the election or step is not invalid merely because of a departure from the rules of the organisation or branch concerned that was required by the order of the Court.\n\nThis Part imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence (see Division 2).\n\nThis Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and who have been convicted of a prescribed offence.\n\nSection 215 sets out the basic limitation for people convicted of a prescribed offence. The remaining sections in this Division deal with the ways the rule in section 215 operates and may be modified.\n\n    (a) an offence under a law of the Commonwealth, a State or Territory, or another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more; or\n    (b) an offence against section 51, 72, 105, 185, 191, subsection 193(2), section 194, 195, 199, subsection 202(5) or section 290A or 337BE; or\n    (d) any other offence under a law of the Commonwealth, a State or Territory, or another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.\n\n    (a) is convicted of a prescribed offence whether the person is convicted before or after the commencement of this Part; and\n    (b) is not convicted of a prescribed offence merely because the person is convicted, otherwise than on indictment, of an offence referred to in paragraph 212(c); and\n    (c) is not convicted of a prescribed offence referred to in paragraph 212(d) unless the person was sentenced to a term of imprisonment for the offence and either:\n\n  (1) For the purposes of this Division, the exclusion period in relation to a person who has been convicted of a prescribed offence means a period of 5 years beginning on the latest of the following days:\n    (b) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (2) For the purposes of this Division, a reduced exclusion period means a period specified by the Federal Court for the purposes of subparagraph 215(1)(a)(ii) under paragraph 216(2)(b) or 217(2)(b).\n\n  (1) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was convicted of the offence on that day.\n  (2) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under section 215, 216 or 217, evidence of the facts stated in the certificate.\n  (3) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under section 215, 216 or 217, evidence that the person was released from the prison on that day.\n  (4) A certificate purporting to be signed by the registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that the sentence of a person who was convicted of a specified offence has been suspended for a specified period is, for the purpose of an application made under section 215, 216 or 217, evidence that the sentence was suspended for that period.\n\n  (1) A person who has been convicted of a prescribed offence is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:\n    (a) on an application made under section 216 or 217 in relation to the conviction of the person for the prescribed offence:\n    (ii) the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or\n  (2) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person ceases to hold the office at the end of the period of 28 days after the conviction unless, within the period, the person makes an application to the Federal Court under section 216 or 217.\n  (3) If a person who holds an office in an organisation makes an application to the Federal Court under section 216 or 217 and the application is not determined:\n    (a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or\n    (b) if the Court has previously extended the period under paragraph (3)(b)—the application for the further extension is made before the end of the period as extended.\n  (5) An organisation, a member of an organisation or the General Manager may apply to the Federal Court for a declaration whether, because of the operation of this section or section 216 or 217:\n    (a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or\n  (6) The granting to a person, on an application made under section 216 or 217 in relation to a conviction of the person for a prescribed offence, of leave to hold offices in organisations does not affect the operation of this section or section 216 or 217 in relation to another conviction of the person for a prescribed offence.\n\n    (ii) has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n    (c) on an application made under subsection (1) in relation to the conviction for the prescribed offence, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or under section 217 in relation to the conviction.\n\n  (1) Where a person who holds an office in an organisation is convicted of a prescribed offence, the person may, subject to subsection (4), within 28 days after the conviction, apply to the Federal Court for leave to hold office in organisations.\n    (b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 215(1), a period of less than 5 years beginning on the latest of the following days:\n    (ii) if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;\n  (3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.\n  (4) A person is not entitled to make an application under this section in relation to the person’s conviction for a prescribed offence if the person has previously made an application under this section or section 216 in relation to the conviction.\n\n  For the purposes of exercising the power under section 216 or 217 to grant or refuse leave, to a person who has been convicted of a prescribed offence, to hold office in organisations, the Federal Court must have regard to:\n    (d) the fitness of the person to be involved in the management of organisations, having regard to the conviction for the prescribed offence; and\n\n  (1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 215(5) as it considers appropriate.\n    (a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and\n    (b) if the application is made otherwise than by the organisation concerned—the organisation must be given an opportunity of being heard by the Court.\n  (3) Where an application is made to the Court under section 216 or 217, the organisation concerned must be given an opportunity of being heard by the Court.\n\n  Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\nThis Chapter deals with records that must be kept by organisations, and imposes obligations in relation to organisations’ financial affairs.\n\nPart 2 requires an organisation to keep membership records and lists of office‑holders. Copies of these must be lodged with the FWC. Details of some types of loans, grants and donations made by the organisation must also be lodged with the FWC.\n\nPart 3 sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\n    (a) a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 151(1);\n\n    (a) enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;\n    (b) remove from that register the name and postal address of each person who ceases to be a member under section 171A, or under the rules of the organisation, within 28 days after the person ceases to be a member; and\n    (c) enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.\n\n> Note: An organisation may also be required to make alterations to the register of its members under other provisions of this Act (see, for example, sections 170 and 172).\n\n  (1) An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.\n\n  (2) The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.\n\n    (b) the act results in the destruction or defacement of, or other interference with, a register of members or a copy of such a register; and\n\n    (a) a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 230(1)(a) and subsection 230(2); and\n    (b) a copy of the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.\n\n  (2) An organisation must, within the prescribed period, lodge with the FWC notification of any change made to the records required to be kept under paragraphs 230(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.\n\n  (3) A person must not, in a declaration for the purposes of this section, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (1) Subject to subsections (2) and (5), the records kept by an organisation under sections 230 and 231 must be kept at the office of the organisation.\n  (2) A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.\n  (3) An organisation may apply to the General Manager for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.\n  (4) The General Manager may, by signed instrument, grant the permission if the General Manager is satisfied that the record or the specified part of the record:\n  (5) While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.\n\n  (1) A person (the authorised person) authorised by the General Manager may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 230 and 231 (the records) at such times as the General Manager specifies.\n  (2) An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.\n\n  (3) Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.\n\n> Note: For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified email address.\n\n    (i) that the member has been refused access to the register required to be kept under section 230, or part of it, at the office or premises where the register or part is kept; or\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first‑mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.\n\n  the General Manager may direct the organisation to deliver to the General Manager a copy of the copy, and the organisation must comply with the direction.\n\n  (3) A direction of the General Manager given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the General Manager. The period must not be less than 14 days after the direction is given.\n  (4) A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the General Manager agrees, in electronic form.\n  (5) Where the General Manager receives a copy of a document from an organisation under this section, the General Manager may, if the General Manager considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.\n\n  (1) An organisation must, within 90 days after the end of each financial year (or such longer period as the General Manager allows), lodge with the FWC a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.\n\n  (3) An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  (4) A statement lodged with the FWC under subsection (1) may be inspected, during office hours, by a member of the organisation concerned.\n    (d) except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.\n    (c) except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.\n    (a) this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and\n  (8) For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.\n\nThis Part sets out the requirements that are placed on organisations in relation to financial records, accounting and auditing.\n\nIt provides for reports to be provided on the basis of reporting units. A reporting unit may be the whole of an organisation or one or more branches of an organisation.\n\nDivision 4 provides for auditors to be appointed and sets out the powers and duties of the auditors and the duties that others have in relation to auditors.\n\n  This Part does not apply, in relation to an association that becomes registered as an organisation under this Act, in relation to any financial year before the first financial year of the organisation that begins after the date of registration.\n\n  Where the rules of an organisation change the period constituting the financial year of the organisation, the period between:\n\n  (1) The General Manager may, by written notice, determine that particular Australian Accounting Standards do not apply in relation to an organisation or to a class of organisations.\n  (2) In deciding whether to determine that a particular Australian Accounting Standard does not apply in relation to an organisation or organisations, the General Manager is to have regard to the cost to the organisation or organisations of complying with the standard and the information needs of the members of the organisation or organisations.\n\n  (1) The requirements of this Part apply in relation to reporting units. A reporting unit may be the whole of an organisation or a part of an organisation.\n  (3) Where an organisation is divided into branches, each branch will be a reporting unit unless a certificate issued by the General Manager stating that the organisation is, for the purpose of compliance with this Part, divided into reporting units on an alternative basis (see section 245) is in force.\n  (5) For the purposes of this Part, so much of an organisation that is divided into branches as would not, apart from this subsection, be included in any branch, is taken to be a branch of the organisation.\n\n  who, under the rules of the reporting unit, is responsible (whether alone or with others) for undertaking the functions necessary to enable the reporting unit to comply with this Part.\n\n  (1) For the purposes of the application of this Part in relation to a reporting unit that is the whole of an organisation:\n    (d) the financial affairs and records of the organisation are taken to be the financial affairs and records of the reporting unit; and\n  (2) For the purposes of the application of this Part in relation to a reporting unit that is not the whole of an organisation:\n    (a) the members of the organisation constituting the branch or branches that make up the reporting unit are taken to be members of the reporting unit; and\n    (b) employees of the organisation employed in relation to the branch or branches that make up the reporting unit (whether or not they are also employed in relation to any other branch) are taken to be employees of the reporting unit; and\n    (c) if the reporting unit consists of one branch—the rules of the branch are taken to be the rules of the reporting unit; and\n    (d) if the reporting unit consists of more than one branch—the rules of the branches (including any rules certified under section 246, or determined under section 247, for the purpose of giving effect to the establishment of the reporting unit) are taken to be the rules of the reporting unit; and\n    (e) the financial affairs and records of the branch or branches that make up the reporting unit are taken to be the financial affairs and records of the reporting unit; and\n    (f) conduct and activities of the branch or branches that make up the reporting unit are taken to be conduct and activities of the reporting unit; and\n    (g) if the reporting unit consists of one branch—a journal published by the branch is taken to be a journal published by the reporting unit; and\n\n  (1) The General Manager may issue to an organisation that is divided into branches a certificate stating that the organisation is, for the purpose of compliance with this Part, to be divided into reporting units on an alternative basis (as mentioned in subsection 242(3)).\n\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to the establishment of the proposed reporting units.\n\n    (a) alterations to designate officers from the branches to be the committee of management for the reporting unit for the purpose of complying with this Part; and\n    (b) alterations to designate officers from the branches to undertake such duties as are necessary for the purpose of enabling the reporting unit to comply with this Part.\n  (2) Where an organisation applies for a certificate, the General Manager must issue the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for the organisation to be divided into reporting units on the basis set out in the certificate; and\n    (b) is satisfied that the level of financial information that would be available to members under the proposed division into reporting units would be adequate and would be relevant to them; and\n  (2) Where, in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to the establishment of the proposed reporting units under subsection (1), the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to the establishment of the proposed reporting units.\n\n    (b) each subsequent financial year unless, before the start of the financial year, the certificate is revoked under section 249.\n\n  (1) The General Manager may at any time, by written notice, revoke a certificate issued to an organisation under section 245.\n    (b) include an application for the General Manager to certify such alterations to the rules of the organisation as are required to give effect to each branch being a reporting unit.\n  (5) Where an organisation applies for a revocation, the General Manager must revoke the certificate and certify the rule alterations if the General Manager is satisfied that:\n    (a) the level of financial information that would be available to members with each branch being a reporting unit would be adequate and would be relevant to them; and\n    (a) is satisfied that, to improve compliance with the accounting, auditing and reporting requirements of this Part, it is most appropriate for each branch to be a reporting unit; and\n    (b) in the General Manager’s opinion, the rules of an organisation need to be altered to give effect to each branch being a reporting unit;\n  the General Manager may, by instrument, after giving the organisation an opportunity, as prescribed, to be heard on the matter, determine such alterations of the rules as are, in the General Manager’s opinion, necessary to give effect to each branch being a reporting unit.\n\n  (2) To avoid doubt, changes in rules under those sections may include changes to the duties of an office (even if during a particular term of office).\n\n  A certificate issued to an organisation under section 245 is taken to be revoked if a later certificate is issued to the organisation under section 245.\n\n    (a) keep such financial records as correctly record and explain the transactions and financial position of the reporting unit, including such records as are prescribed; and\n    (b) keep its financial records in such a manner as will enable a general purpose financial report to be prepared from them under section 253; and\n    (c) keep its financial records in such a manner as will enable the accounts of the reporting unit to be conveniently and properly audited under this Part.\n  (2) Where an organisation consists of 2 or more reporting units, the financial records for each of the reporting units must, as far as practicable, be kept in a consistent manner.\n\n> Note 1: This would involve, for example, the adoption of consistent accounting policies and a common chart of accounts for all reporting units in the organisation.\n\n> Note 2: This requirement is subject to subsection (4) which allows reporting units to keep some records on a cash basis.\n\n  (3) Financial records of an organisation may, so far as they relate to the income and expenditure of the organisation, be kept on a cash basis or accrual basis, at the option of the organisation.\n  (4) If an organisation keeps the financial records referred to in subsection (1) on an accrual basis, it may keep the financial records for its membership subscriptions separately on a cash basis.\n  (5) An organisation must retain the financial records kept under subsection (1) for a period of 7 years after the completion of the transactions to which they relate.\n\n  (1) As soon as practicable after the end of each financial year, a reporting unit must cause a general purpose financial report to be prepared, in accordance with the Australian Accounting Standards, from the financial records kept under subsection 252(1) in relation to the financial year.\n  (3) The financial statements and notes for a financial year must give a true and fair view of the financial position and performance of the reporting unit. This subsection does not affect the obligation for a financial report to comply with the Australian Accounting Standards.\n\n> Note 2: If the financial statements and notes prepared in compliance with the Australian Accounting Standards would not give a true and fair view, additional information must be included in the notes to the financial statements under paragraph (2)(b).\n\n  (1) As soon as practicable after the end of each financial year, the committee of management of a reporting unit must cause an operating report to be prepared in relation to the financial year.\n    (a) contain a review of the reporting unit’s principal activities during the year, the results of those activities and any significant changes in the nature of those activities during the year; and\n    (ii) a director of a company that is a trustee of a superannuation entity or an exempt public sector superannuation scheme; and\n    where a criterion for the officer or member being the trustee or director is that the officer or member is an officer or member of a registered organisation; and\n\n  (1) The General Manager must, by legislative instrument, issue reporting guidelines for the purposes of sections 253 and 270.\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n    (b) the manner in which reporting units must disclose the total amount of legal costs and other expenses related to litigation or other legal matters paid by the reporting unit during a financial year; and\n    (c) details of any information required for the purposes of subparagraph 253(2)(b)(ii) (information in notes to general purpose financial reports); and\n    (d) the form and content of any reports or statements that are required for the purposes of paragraph 253(2)(c) (other reports or statements forming part of the general purpose financial reports).\n  (2A) The reporting guidelines for the purposes of section 253 and 270 must require a report that shows the total expenditure incurred by reporting units during the financial year in relation to each of the following:\n\n    (a) the manner in which reporting units must disclose the total amount paid by the reporting unit during a financial year to employers as consideration for the employers making payroll deductions of membership subscriptions; and\n  (4) Reporting guidelines may also contain such other requirements in relation to the disclosure of information by reporting units as the General Manager considers appropriate.\n  (5) Section 604 of the Fair Work Act does not apply in relation to reporting guidelines or the issuing of reporting guidelines.\n\n  (2) If the person is a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor.\n  (3) If the person is not a registered company auditor, the General Manager must, subject to section 255E, grant the application and register the person as an auditor if the General Manager is satisfied that:\n    (a) the person meets the requirements of subsection 255C(1) or (2) (educational qualifications, or equivalent qualifications and experience); and\n    (i) satisfied all the components of an auditing competency standard approved by the Australian Securities and Investments Commission under section 1280A of the Corporations Act 2001; or\n    (ii) had such practical experience in auditing as is prescribed by the regulations for the purposes of this paragraph; and\n    (c) the General Manager is satisfied that the person is capable of performing the duties of an auditor and is otherwise a fit and proper person to be registered as an auditor.\n\n    (a) holds a degree, diploma or certificate from a university, or other institution in Australia, that is prescribed by regulations made for the purposes of paragraph 1280(2A)(a) of the Corporations Act 2001; and\n    (b) has, in the course of obtaining that degree, diploma or certificate, passed examinations in such subjects, under whatever name, as the appropriate authority of the university or other institution certifies to the General Manager to represent a course of study:\n    (c) has satisfactorily completed a course in auditing prescribed by regulations made for the purposes of paragraph 1280(2A)(c) of the Corporations Act 2001.\n  (2) A person meets the requirements of this subsection if the person has other qualifications and experience that, in the General Manager’s opinion, are equivalent to the requirements mentioned in subsection (1).\n\n  (1) The General Manager must not refuse to grant an application for registration of a person as an auditor unless the General Manager has given the person an opportunity to appear at a hearing before the General Manager and to make submissions and give evidence to the General Manager in relation to the matter.\n  (2) If the General Manager refuses an application by a person for registration as an auditor, the General Manager must, not later than 14 days after the decision, give to the person a notice in writing setting out the decision and the reasons for it.\n\n    (a) under subsection 215(1), the person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation; or\n  (3) If the person is not a registered company auditor, the General Manager must refuse to grant the application if the General Manager is not satisfied as mentioned in subsection 255B(3) in relation to the person.\n\n  (1) If the General Manager grants an application made by a person for registration as an auditor, the General Manager must give the person a certificate:\n    (a) takes effect at the beginning of the day specified in the certificate as the day the application for registration was granted; and\n\n  (1) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the General Manager is satisfied that the person:\n    (b) has not performed any audit work, or any significant audit work, during a continuous period of not less than 5 years, and as a result has ceased to have the practical experience necessary for carrying out audits for the purposes of this Act; or\n  (2) In determining for the purposes of paragraph (1)(b) whether audit work performed by a person is significant, the General Manager must have regard to:\n  (3) The General Manager may cancel, or suspend for a specified period, the registration of a person as an auditor if the person requests that his or her registration be cancelled or suspended for that period.\n  (4) If the General Manager cancels, or suspends for a specified period, the registration of a person as an auditor under subsection (1), the General Manager must notify the Australian Securities and Investments Commission of the cancellation or suspension and the reasons for it.\n  (5) The regulations may make further provision for and in relation to the suspension of the registration of a person as an auditor.\n\n  If a person was registered as an auditor under subsection 255B(2) on the basis that the person was a registered company auditor at the time of registration, the General Manager may:\n    (b) suspend the registration for some or all of any period throughout which the person’s registration as a registered company auditor is suspended.\n\n    (a) the General Manager must, not later than 14 days after the decision, give the person a written notice setting out the decision and the reasons for it; and\n\n  A person who is registered as an auditor under this Subdivision must advise the General Manager of any change in circumstances that could materially affect the person’s registration within 14 days of the change in circumstances.\n\n  (1) The General Manager may, in writing, request further information from any person for the purposes of making a decision under this Subdivision.\n  (2) The General Manager is not required to make a decision under this Subdivision until any information requested under subsection (1) in relation to the decision has been provided.\n\n    (a) information relating to the matters to which the General Manager must have regard in deciding whether to register a person as an auditor;\n    (e) the delegation, by a person on whom functions or powers are conferred by regulations made for the purposes of this Subdivision, of any such functions or powers.\n\n  (1) A reporting unit must ensure that there is an auditor of the reporting unit at any time when an auditor is required for the purposes of the operation of this Part in relation to the reporting unit.\n\n  (6) A member of a firm that holds the position of auditor of a reporting unit must take whatever steps are open to the member to ensure that the firm resigns the appointment if the member:\n    (a) ceases to be a registered auditor and is or becomes aware that no other member of the firm is a registered auditor; or\n\n  (7) The auditor of a reporting unit must use his or her best endeavours to comply with each requirement of this Act that is applicable to the auditor in that capacity.\n\n  (2) Paragraph (1)(b) does not apply to an individual, in relation to a reporting unit and a series of 7 consecutive financial years, if the General Manager declares in writing that, in all the circumstances, it is not appropriate for that paragraph to apply to the individual in relation to the reporting unit and that series of 7 consecutive financial years.\n    (b) if a firm or company holds the position of auditor of the reporting unit for the financial year—the individual is a registered auditor who, on behalf of the firm or company:\n    (i) participates in the preparation of an audit report in relation to a financial report of the reporting unit for the financial year or any part of the financial year; or\n    (ii) participates in the conduct of an audit in relation to the reporting unit for the financial year or any part of the financial year.\n\n  (1) An auditor of a reporting unit must audit the financial report of the reporting unit for each financial year and must make a report in relation to the year to the reporting unit.\n    (a) entitled at all reasonable times to full and free access to all records and other documents of the reporting unit relating directly or indirectly to the receipt or payment of money, or to the acquisition, receipt, custody or disposal of assets, by the reporting unit; and\n    (b) entitled to seek from any designated officer, or employee of the reporting unit, such information and explanations as the auditor or authorised person wants for the purposes of the audit.\n  (3) If an auditor requests an officer, employee or member of an organisation to produce records or other documents under paragraph (2)(a), the request must:\n    (d) specify a period (of not less than 14 days after the notice is given) within which the records or other documents are to be produced.\n  (4) If an auditor authorises a person for the purposes of subsection (2), the auditor must serve on the reporting unit a notification that sets out the name and address of the person.\n  (5) An auditor must, in his or her report, state whether in the auditor’s opinion the general purpose financial report is presented fairly in accordance with any of the following that apply in relation to the reporting unit:\n  (6) If the auditor is of the opinion that the general purpose financial report does not so comply, the auditor’s report must, to the extent it is practicable to do so, quantify the effect that non‑compliance has on the general purpose financial report. If it is not practicable to quantify the effect fully, the report must say why.\n  (9) The auditor’s report must be dated as at the date that the auditor signs the report and must be given to the reporting unit within a reasonable time of the auditor having received the general purpose financial report.\n  (10) An auditor must not, in a report under this section, make a statement if the auditor knows, or is reckless as to whether, the statement is false or misleading.\n\n    (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in a report or by reporting the matter to the committee of management of the reporting unit;\n\n    (b) does not comply with a request under paragraph 257(2)(a) by an auditor of a reporting unit to produce a record or other document in the custody or under the control of the officer, employee or member.\n\n  (3) It is a defence to an offence against paragraph (1)(b) if the officer, employee or member had a reasonable excuse for not complying.\n\n  (4) However, a person is not excused from producing a record or other document under this section on the ground that the production might tend to incriminate the person or expose the person to a penalty.\n    (b) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the record or other document;\n  is not admissible in evidence against the person in criminal proceedings or proceedings that may expose the person to a penalty.\n  (6) It is a defence to an offence against subsection (1) if the officer, employee or member did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom that subsection applied.\n\n  (7) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  A reporting unit must forward to the auditor of the reporting unit any notice of, and any other communication relating to, a meeting of the reporting unit, or the committee of management of the reporting unit, at which the report of the auditor, or any general purpose financial report to which the report relates, are to be presented, being a notice or other communication that a member of the reporting unit, or the committee of management of the reporting unit, as the case may be, would be entitled to receive.\n\n  (1) An auditor, or a person authorised by an auditor for the purposes of this section, is entitled to attend, and be heard at, any part of a meeting of a reporting unit, or the committee of management of a reporting unit, at which:\n    (a) the report of the auditor, or any general purpose financial report to which the report relates, is to be presented or considered; or\n  (2) Where an auditor authorises a person for the purposes of this section, the auditor must serve on the reporting unit a notification, which sets out the name and address of the person.\n  (3) An officer, employee or member of an organisation or branch commits an offence if he or she hinders or obstructs the auditor of a reporting unit from attending a part of the meeting that the auditor is entitled to attend.\n\n    (c) in the course of the part of the meeting, the auditor indicates to the person chairing the meeting that the auditor wishes to be heard; and\n    (d) the person fails, as soon as practicable after having received the indication, to afford to the auditor an opportunity to be heard.\n\n  (5) It is a defence to an offence against a subsection of this section if the person did not know, and could not reasonably have known, that the auditor, or the person authorised by the auditor, to whom the charge relates was a person in relation to whom the subsection applied.\n\n  (6) In a prosecution for an offence against this section, it is not necessary to prove that the defendant knew that the auditor was an auditor.\n\n  (1) An auditor of a reporting unit is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to a statement that the auditor makes in the course of duties as auditor, whether the statement is made orally or in writing.\n  (2) A person is not, in the absence of malice, liable to an action for defamation at the suit of a person in relation to the publishing of a document prepared by an auditor of a reporting unit in the course of duties as auditor and required by or under this Act to be lodged with the FWC.\n  (3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.\n\n    (a) where the auditor was appointed by the committee of management of the reporting unit—by resolution passed at a meeting of the committee by an absolute majority of the members of the committee; or\n    (b) where the auditor was appointed by a general meeting of the members of the reporting unit—by resolution passed at a general meeting by a majority of the members of the reporting unit voting at the meeting.\n  (2) Written notice of the intention to remove the auditor must be given to each member of the reporting unit. The notice must be provided in accordance with any time limits provided by the rules of the reporting unit, or within a reasonable time before the resolution is moved if no such time limits are provided.\n\n  (3) The auditor must be given reasonable notice of the resolution to remove the auditor and must be given the opportunity to:\n\n  (4) If it is proposed to remove the auditor under paragraph (1)(b) and the auditor makes written representations, the auditor may require the reporting unit to provide a copy of the written representations to each member of the reporting unit.\n  (5) The reporting unit must comply with a requirement under subsection (4) unless the written representations exceed any limits as to length that are prescribed.\n\n  (2) The resignation takes effect on the day specified in the notice or, if no day is specified, the day that the notice is given to the reporting unit.\n  (3) If the auditor requests the reporting unit to allow the auditor to explain his or her reasons for resigning, the reporting unit must either:\n\n    (i) a copy of the report of the auditor in relation to the inspection and audit of the financial records of the reporting unit in relation to a financial year; and\n\n  (2) A concise report may only be provided if, under the rules of the reporting unit, the committee of management of the reporting unit resolves that a concise report is to be provided.\n    (ii) whether, in the auditor’s opinion, the concise financial report complies with the relevant Australian Accounting Standards; and\n    (e) a statement that the report is a concise report and that a copy of the full report and auditor’s report will be sent to the member free of charge if the member asks for them.\n  (4) If a member requests a copy of the full report and auditor’s report, as mentioned in paragraph (3)(e), the reporting unit must send those reports to the person within 28 days of the request being made.\n\n    (a) if a general meeting of members of the reporting unit to consider the reports is held within 6 months after the end of the financial year—the period starting at the end of the financial year and ending 21 days before that meeting; or\n  The General Manager may, upon application by the reporting unit, extend the period during which the meeting referred to in paragraph (a) may be held, or the period set out in paragraph (b), by no more than one month.\n\n  (6) Where a reporting unit publishes a journal of the reporting unit that is available to the members of the reporting unit free of charge, the reporting unit may comply with subsection (1):\n  (7) Where a reporting unit consists of 2 or more branches of an organisation and one of those branches publishes a journal of the branch that is available to the members of the branch free of charge, the reporting unit may comply with subsection (1) in relation to those members:\n\n  (1) Subject to subsection (2), the reporting unit must cause the full report to be presented to a general meeting of the members of the reporting unit within the period of 6 months starting at the end of the financial year (or such longer period as is allowed by the General Manager under subsection 265(5)).\n\n  (2) If the rules of the reporting unit permit a general meeting to be a series of meetings at different locations, the presenting of the full report to such a series of meetings is taken to be the presenting of the report to a general meeting. The general meeting is taken to have occurred at the time of the last of the meetings in the series.\n  (3) If the rules of the reporting unit provide for a specified percentage (not exceeding 5%) of members to be able to call a general meeting of the reporting unit for the purpose of considering the auditor’s report, the general purpose financial report and the operating report, the full report may instead be presented to a meeting of the committee of management of the reporting unit that is held within the period mentioned in subsection (1).\n\n    (c) presents to a general meeting of the members of the reporting unit or a meeting of the committee of management of the reporting unit;\n  comments on a matter dealt with in a report, accounts or statements of the kind referred to in subsection 265(1), or in a concise report as described in subsection 265(3), the member must not, in the comments, make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.\n\n  A reporting unit must, within 14 days (or such longer period as the General Manager allows) after the general meeting, or meeting of the committee of management, referred to in section 266, lodge with the FWC:\n    (c) a certificate by a prescribed designated officer that the documents lodged are copies of the documents provided to members and presented to a general meeting, or presented to a meeting of the committee of management, as the case requires, in accordance with section 266.\n\n    (c) has, or purports to have, officers who are substantially the same as designated officers in relation to the reporting unit.\n    (a) the General Manager, on the application of the reporting unit, issues a certificate stating that the financial affairs of the reporting unit are encompassed by the financial affairs of the associated State body; and\n    (b) the associated State body has, in accordance with prescribed State legislation, prepared accounts, had those accounts audited, provided a copy of the audited accounts to its members and lodged the audited accounts with the relevant State authority; and\n    (d) any members of the reporting unit who are not also members of the associated State body have been provided with copies of the accounts at substantially the same time as the members of the reporting unit who are members of the associated State body; and\n    (e) a report under section 254 has been prepared in respect of the activities of the reporting unit and has been provided to members of the reporting unit with the copies of the accounts.\n\n  (1) If, on the application of a reporting unit that is the whole of an organisation made after the end of a financial year, the General Manager is satisfied that the reporting unit’s income for the year did not exceed:\n    (a) in the case of a financial year that, because of section 240, is a period other than 12 months—such amount as the General Manager considers appropriate in the circumstances; or\n    (b) except as provided in paragraph (c), this Part continues to apply in relation to the reporting unit in relation to the year; and\n    (a) a reference to a general purpose financial report prepared or to be prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (b) the reference in subsection 272(5) to a general purpose financial report prepared under section 253 were a reference to a general purpose financial report prepared under subsection (4) of this section; and\n    (c) the reference in sections 332 and 333 to documents lodged with the FWC under section 268 were a reference to documents lodged with the FWC in accordance with subsection (7) of this section.\n  (4) Within the prescribed period after the end of the financial year, the reporting unit must cause to be prepared, in accordance with the reporting guidelines, from the financial records kept under subsection 252(1) in relation to the year, the general purpose financial report required by those reporting guidelines.\n\n  (5) After the making to the reporting unit of the report of the auditor under section 257 in relation to the auditor’s inspection and audit of the financial records kept by the reporting unit in relation to the year, and before the end of the financial year immediately following the year, the reporting unit must cause a copy of the report, together with copies of the general purpose financial report to which the auditor’s report relates, to be presented to a meeting of the members of the reporting unit.\n\n  (6) Where a member of a reporting unit requests the reporting unit to provide to the member a copy of the auditor’s report and the general purpose financial report, the reporting unit must provide a copy of each of the documents to the member, free of charge, within 14 days after receiving the request.\n\n  (7) The reporting unit must, within 90 days (or such longer period as the General Manager allows) after the making to the reporting unit of the report under section 257, lodge with the FWC copies of the auditor’s report and the general purpose financial report together with a certificate by a prescribed designated officer that the information contained in the general purpose financial report is correct.\n\n  (1) If, on the application of a reporting unit, the General Manager is satisfied, after considering such circumstances (if any) as are prescribed, that the reporting unit did not have any financial affairs in a financial year, the General Manager may issue to the reporting unit a certificate to that effect in respect of the financial year.\n  (3) The application must be made to the General Manager within 90 days, or such longer period as the General Manager allows, after the end of the financial year.\n\n  (1) A member of a reporting unit, or the General Manager, may apply to the reporting unit for specified prescribed information in relation to the reporting unit to be made available to the person making the application.\n  (2) The application must be in writing and must specify the period within which, and the manner in which, the information is to be made available. The period must not be less than 14 days after the application is given to the reporting unit.\n\n  (4) The General Manager may only make an application under subsection (1) at the request of a member of the reporting unit concerned, and the General Manager must provide to a member information received because of an application made at the request of the member.\n  (5) A general purpose financial report prepared under section 253, a concise report prepared under section 265 and a report prepared under subsection 270(4) must include a notice drawing attention to subsections (1), (2) and (3) of this section and setting out those subsections.\n\n  (6) Without limiting the information that may be prescribed under subsection (1), the information prescribed must include details (including the amount) of any fees paid by the reporting unit for payroll deduction services provided by a person who is an employer of:\n\n    (b) authorising another person (whether a member or not) to inspect the financial records of the reporting unit specified in the order on the applicant’s behalf.\n    (c) it is reasonable to expect that an examination of the financial records will assist in determining if there is such a breach.\n  (3) The FWC may only make an order authorising the inspection of financial records that relate to the suspected breach mentioned in paragraph (2)(b).\n  (4) A person authorised to inspect the financial records may make copies of the financial records unless the FWC orders otherwise.\n\n  (2) If the FWC considers an application under section 273 to be vexatious or without reasonable cause, the FWC must dismiss the application as soon as possible.\n\n  If the FWC makes an order under section 273, the FWC may make any other orders it considers appropriate, including any or all of the following:\n    (a) an order limiting the use that a person who inspects the financial records may make of information obtained during the inspection;\n    (b) an order limiting the right of a person who inspects the financial records to make copies in accordance with subsection 273(4);\n\n  (1) An applicant who inspects the financial records under section 273, or a person who inspects the financial records on behalf of an applicant, must not disclose information obtained during the inspection unless the disclosure is to:\n\n  (2) A person who receives information under paragraph (1)(a) or (b) must not disclose the information other than to another person covered by one of those paragraphs.\n\n  The committee of management of a reporting unit, or the reporting unit by a resolution passed at a general meeting, may authorise a member to inspect financial records of the reporting unit.\n\n  (1) If, as a result of inspecting the financial records of a reporting unit, a person reasonably believes that a breach of:\n  may have occurred, the person must give the FWC written notice to that effect and give to the FWC any relevant information obtained during the inspection.\n  (2) If the FWC receives notice under subsection (1) and the FWC is satisfied that there are reasonable grounds for believing that there has been a breach of:\n\n  (1) An officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  (2) A person who has ceased to be an officer of an organisation or a branch may inspect the books of the organisation at all reasonable times for the purposes of a legal proceeding:\n  where the person reasonably believes that the books contain information that is relevant to the proceedings. This right continues for 7 years after the person ceased to be an officer of the organisation or the branch.\n  (3) A person authorised to inspect books under this section for the purposes of a legal proceeding may make copies of the books for the purposes of those proceedings.\n  (4) Where a person obtains copies under subsection (3), the organisation is entitled to recover from the person any costs incurred by the organisation in providing the copies.\n  (5) An organisation or branch must allow a person to exercise his or her rights to inspect or take copies of the books under this section.\n\nThis Chapter sets out some of the most significant duties of officers and employees of organisations and branches of organisations. Other duties are imposed by other provisions of this Act and other laws (including the general law).\n\nPart 2 sets out the general duties of officers and employees in relation to the financial management of an organisation or a branch of an organisation.\n\nPart 2A also restricts officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\nPart 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\nThis Part sets out some of the most significant duties of officers and employees of organisations and branches of organisations in relation to the financial management of an organisation or a branch of an organisation.\n\n  This Part only applies in relation to officers and employees of an organisation or a branch of an organisation to the extent that it relates to the exercise of powers or duties of those officers and employees related to the financial management of the organisation or branch.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (1) An officer of an organisation or a branch must exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she:\n\n  (2) An officer of an organisation or a branch who makes a judgment to take or not take action in respect of a matter relevant to the operations of the organisation or branch is taken to meet the requirements of subsection (1), and their equivalent duties at common law and in equity, in respect of the judgment if he or she:\n    (c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and\n  The officer’s belief that the judgment is in the best interests of the organisation is a rational one unless the belief is one that no reasonable person in his or her position would hold.\n\n> Note: This subsection only operates in relation to duties under this section and their equivalents at common law or in equity (including the duty of care that arises under the common law principles governing liability for negligence)—it does not operate in relation to duties under any other provision of this Act or under any other laws.\n\n  (1) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch must not improperly use the information to:\n\n  (1) If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:\n    (b) does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.\n  (2) If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:\n    (a) how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and\n\n  An officer or employee does not contravene section 286, 287 or 288 by doing an act that another provision of this Act or the Fair Work Act requires the officer or employee to do.\n\n  (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n  (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:\n    (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or\n    (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.\n\n    (a) have effect in addition to, and not in derogation of, any rule of law relating to the duty or liability of a person because of his or her office or employment in relation to an organisation or a branch; and\n    (b) do not prevent the commencement of proceedings for a breach of duty or in respect of a liability referred to in paragraph (a).\n  This section does not apply to subsection 285(2) to the extent to which it operates on the duties at common law and in equity that are equivalent to the requirements of subsection 285(1).\n\n  If:\n    (i) an employee of the organisation or the branch whom the officer believes on reasonable grounds to be reliable and competent in relation to the matters concerned; or\n    (ii) a professional adviser or expert in relation to matters that the officer believes on reasonable grounds to be within the person’s professional or expert competence; or\n    (iv) a collective body on which the officer did not serve in relation to matters within the collective body’s authority; and\n    (c) the reasonableness of the officer’s reliance on the information or advice arises in proceedings brought to determine whether an officer has performed a duty under this Part or an equivalent duty at common law or in equity;\n\n  (1) If the officers of an organisation or a branch delegate a power under its rules, each of those officers is responsible for the exercise of the power by the person to whom the power was delegated as if the power had been exercised by the officer.\n    (a) the officer believed on reasonable grounds at all times that the person to whom the power was delegated would exercise the power in conformity with the duties imposed on officers of the organisation or the branch by this Act or the Fair Work Act; and\n\nThis Part sets out disclosure obligations about remuneration paid to officers and material personal interests of disclosing officers (see subsection 293C(1)).\n\nIt also restricts disclosing officers from taking part in making decisions in relation to matters in which they have a material personal interest, requires the preparation of officer and related party disclosure statements and requires officers to undertake approved training in relation to their financial duties.\n\n  (1) Each officer of an organisation must, in accordance with section 293BA or 293BB, disclose to the organisation details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  (2) Each officer of a branch of an organisation must, in accordance section 293BA or 293BB, disclose to the branch details of any remuneration paid to the officer:\n    (ii) the officer was nominated for the position of member of the Board by the organisation, a branch of the organisation or a peak council; or\n\n  The disclosure is in accordance with this section if it is made in writing to the committee of management of the organisation or branch, as the case may be, as soon as practicable after the remuneration is paid to the officer.\n\n    (a) remuneration is to be paid to the officer, under a contract or other arrangement, on a regular basis during the financial year; and\n    (b) the officer gives to the members of the committee of management of the organisation or branch, as the case may be, standing notice of the amounts of remuneration that the officer expects to be paid during the financial year; and\n  (2) The standing notice must be given at any time before, or as soon as practicable after, the first payment is made to the officer.\n  (3) If, during the financial year, an amount of remuneration paid to the officer under the contract or arrangement exceeds the amount notified in the standing notice, the officer must, as soon as practicable, notify the committee of management of the organisation or branch, as the case may be, of the excess.\n  (4) If, at the end of the financial year, the total amount (the final total) of remuneration paid to the officer under the contract or arrangement is more, or less, than the total amount notified under paragraph (2)(b), the officer must, as soon as practicable after the end of the financial year, notify the committee of management of the organisation or branch, as the case may be, of the final total.\n\n  (1) An organisation must, for a financial year, disclose to the members of the organisation and its branches details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the organisation who, when all officers of the organisation are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (2) A branch of an organisation must, for a financial year, disclose to the members of the branch, details of the following in accordance with subsection (3):\n    (a) the identity of each officer of the branch who, when all officers of the branch are ranked by relevant remuneration for the financial year (from highest to lowest), is ranked no lower than fifth;\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (4) For the purposes of this section, the relevant remuneration of an officer of an organisation or a branch of an organisation for a financial year is the sum of the following:\n    (a) any remuneration disclosed to the organisation or the branch by the officer under subsection 293B(1) or (2), during the financial year;\n  (5) For the purposes of this section, the relevant non‑cash benefits of an officer of an organisation or a branch of an organisation for a financial year are the non‑cash benefits provided to the officer, at any time during the financial year, in connection with the performance of the officer’s duties as an officer, by the organisation or the branch or by a related party of the organisation or the branch.\n\n  (1) This section applies to each officer (a disclosing officer) of an organisation or a branch of an organisation whose duties include duties that relate to the financial management of the organisation or branch.\n  (2) A disclosing officer of an organisation must, in accordance with subsection (5), disclose to the committee of management of the organisation details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the organisation.\n\n  (3) A disclosing officer of a branch must, in accordance with subsection (5), disclose to the committee of management of the branch details of any material personal interest that the officer has or acquires in a matter that relates to the affairs of the branch.\n\n    (i) arises because the disclosing officer is a member, or a representative of a member, of an organisation or a branch and the interest is held in common with the other members of the organisation or branch; or\n    (iii) relates to a contract the organisation or branch is proposing to enter into that is subject to approval by the members of the organisation or branch and will not impose any obligation on the organisation or branch if it is not approved by the members; or\n    (iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a related party of the organisation or branch that is a body corporate and arises merely because the officer is on the Board of the related party; or\n    (b) the officer has given a standing notice of the nature and extent of the interest under section 293D and the notice is still effective in relation to the interest.\n  (6) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails to record details of a disclosure made under subsection (2) or (3):\n    (a) if the disclosure is made at a meeting of the committee of management of the organisation or branch—in the minutes of the meeting of the committee of management at which the disclosure is made; or\n\n  (7) An organisation or a branch contravenes this subsection if a committee of management of the organisation or branch (as the case may be) fails, within 28 days of being requested in writing to do so by a member of the organisation or branch, to provide to the member details of disclosures made to the committee of management under subsection (2) or (3).\n\n  (1) An officer of an organisation who has an interest in a matter may give to the members of the committee of management of the organisation standing notice of the nature and extent of the interest in the matter in accordance with subsection (2). The notice may be given at any time and whether or not the matter relates to the affairs of the organisation at the time the notice is given.\n\n> Note: The standing notice may be given to the members of the committee of management before the interest becomes a material personal interest.\n\n  The standing notice is given under subparagraph (b)(ii) when it has been given to every member of the committee of management.\n  (3) If the standing notice is given to the members of the committee of management individually in writing, it must be tabled at the next meeting of the committee of management after it is given.\n  (4) The committee of management must ensure that the nature and extent of the interest disclosed in the standing notice is recorded in the minutes of the meeting of the committee of management at which the standing notice is given or tabled.\n    (b) ceases to have effect if a person who was not a member of the committee of management at the time when the notice was given is appointed as a member of the committee of management.\n  A standing notice that ceases to have effect under paragraph (b) commences to have effect again if it is given to the person referred to in that paragraph.\n  (6) The standing notice ceases to have effect in relation to a particular interest if the nature or extent of the interest materially increases above that disclosed in the notice.\n  (7) A contravention of this section by an officer does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (b) any provision in an organisation’s or branch’s rules that restricts an officer or employee from having a material personal interest in a matter involving duties or interests that conflict with their duties or interests as an officer of the organisation or branch.\n\n  (1) An officer of an organisation who has a material personal interest in a matter that relates to the affairs of the organisation:\n\n  (2) An officer of a branch of an organisation who has a material personal interest in a matter that relates to the affairs of the branch:\n\n  (4) The officer may be present and take part in a decision with respect to the matter if members of the committee of management of the organisation or branch (as the case may be) who do not have a material personal interest in the matter have passed a resolution that:\n    (a) identifies the officer, the nature and extent of the officer’s interest in the matter and its relation to the affairs of the organisation or branch; and\n    (b) states that those members are satisfied that the interest should not disqualify the officer from being present and taking part in a decision with respect to the matter.\n  (5) A contravention by an officer of this section does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.\n\n  (1) An organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the organisation and its branches, details of each payment made by the organisation during the financial year:\n  (2) A branch of an organisation must, for a financial year and in accordance with subsection (3), disclose to the members of the branch each payment made by the branch, during the financial year:\n  (3) A disclosure under subsection (1) or (2) must be made as part of the officer and related party disclosure statement required under Division 3.\n\n> Note: Failure to prepare an officer and related party disclosure statement is a contravention of a civil penalty provision (see section 293J).\n\n  (5) Subsections (1) and (2) do not apply to a payment made to a related party if the payment consists of amounts deducted by the organisation or the branch from remuneration payable to one or more officers or employees of the organisation or the branch (as the case may be).\n    (a) would be reasonable in the circumstances if the organisation, or the branch, and the related party were dealing at arm’s length; or\n  (5B) Subsections (1) and (2) do not apply to a payment made to a related party if the total of the following amounts is less than or equal to the amount prescribed by the regulations for the purposes of this subsection:\n    (b) the total of all other payments given to the related party, in the financial year, in relation to which subsections (1) and (2) do not apply to the payment because of this subsection.\n  (6) For the purposes of this section, a person or body is a declared person or body of an organisation or a branch of an organisation if:\n    (a) an officer of the organisation or the branch has disclosed a material personal interest under subsection 293C(2) or (3) or 293D(1); and\n\n  (1) If an organisation considers that it is too onerous for the organisation to comply with section 293G because special circumstances exist in relation to the organisation, the organisation may lodge with the General Manager an application for an order under this section.\n    (b) particulars of a proposed alternative arrangement (the alternative disclosure arrangement) to provide for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) evidence of the organisation’s past and current high standards of financial accountability and control that are appropriate for the organisation’s special circumstances and provide appropriate transparency.\n    (b) that, taking into account the evidence provided in accordance with paragraph (2)(c), the proposed alternative disclosure arrangement provides for disclosures, in relation to payments made by the organisation, that are appropriate for the organisation’s special circumstances and provide appropriate transparency; and\n    (c) compliance with the alternative disclosure arrangement set out in the order is, for the purposes of this Act, taken to be compliance with section 293G.\n  (7) Subsection 604(1) of the Fair Work Act does not apply in relation to a decision of the General Manager under subsection (3).\n\n  (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the organisation in relation to the financial year in accordance with this section; and\n    (i) cause the officer and related party disclosure statement to be provided to the members of the organisation and its branches; and\n\n    (a) as soon as practicable after the end of each financial year, cause an officer and related party disclosure statement to be prepared for the branch in relation to the financial year in accordance with this section; and\n\n  (3) The officer and related party disclosure statement for an organisation or a branch of an organisation must include details of the disclosures provided by the organisation or the branch under sections 293BC, 293G and 293H for the financial year.\n\n  (1) Unless exempted under section 293M, each officer of an organisation or a branch of an organisation whose duties include duties (financial duties) that relate to the financial management of the organisation or the branch must undertake training:\n  (2) The organisation or branch must ensure that the officer completes the training within 6 months after the person begins to hold the office.\n\n  if the General Manager is satisfied that the training covers one or more of the duties of officers of organisations and branches of organisations that relate to the financial management of organisations and branches of organisations.\n\n  (1) An organisation or branch of an organisation may, in writing, apply to the General Manager for an officer of the organisation or the branch to be exempted from the requirement to undertake training under section 293K.\n  (2) The General Manager may grant the exemption if the General Manager is satisfied that the officer has a proper understanding of the officer’s financial duties within the organisation or the branch because of the officer’s:\n  (3) The General Manager may grant the exemption subject to any conditions that the General Manager considers appropriate in the circumstances.\n\nThis Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the FWC.\n\n    (c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  (2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.\n\n  (3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.\n\n  (2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.\n\n    (a) orders and directions made by the Federal Court or the FWC before, on or after the commencement of this Division; and\n\nA civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter).\n\nCertain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter).\n\nA person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention.\n\nUndertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order.\n\n  (1) Subject to this Part, an application may be made to the Federal Court for orders under sections 306, 307 and 308 in respect of conduct in contravention of a civil penalty provision.\n  (2) A civil penalty provision is a subsection, or a section that is not divided into subsections, that has set out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”.\n  (3) For the purposes of this Part, any contravention of a civil penalty provision by a branch or reporting unit is taken to be a contravention by the organisation of which the branch or reporting unit is part.\n  (4) The Federal Court must apply the rules of evidence and procedure for civil matters when hearing and determining an application for an order under this Part.\n\n  (1) In respect of conduct in contravention of a civil penalty provision, the Federal Court may make an order imposing on the person or organisation whose conduct contravened the civil penalty provision a pecuniary penalty of not more than:\n  (2) A penalty payable under this section is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person or organisation to recover a debt due by the person or organisation. The debt arising from the order is taken to be a judgment debt.\n\n    (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and\n  (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.\n\n  (1) The Federal Court may make an order disqualifying a person from holding office in an organisation for a period that the Court considers appropriate if:\n\n  (1) The Federal Court may make such other orders as the Court considers appropriate in all the circumstances of the case.\n  (2) Without limiting subsection (1), the orders may include injunctions (including interim injunctions), and any other orders, that the Court thinks necessary to stop the conduct or remedy its effects.\n  (2A) Without limiting subsection (1), the orders in relation to a contravention of subsection 323L(3) may include an order requiring a person to comply, either wholly or partly, with the notice mentioned in subsection 323L(3).\n\n    (a) has effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person’s office or employment in relation to an organisation; and\n\n  (1A) In addition to the persons mentioned in subsection (1), an application for an order under this Part relating to any of the following may also be made by the administrator of a scheme determined under subsection 323B(1), in their capacity as the administrator:\n    (b) a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.\n\n> Note: This allows the administrator to apply for any orders under this Part (including injunctions and other orders under section 308), as long as the orders relate to the specified kinds of contraventions.\n\n  (2) The Minister, or a person authorised in writing by the Minister to make the application, may apply for an order under this Part relating to a directions contravention.\n  (4) An organisation may intervene in an application for a pecuniary penalty order or an order under section 308 in relation to the organisation. The organisation is entitled to be heard on all matters other than whether the order should be made.\n\n  The Federal Court must not make a pecuniary penalty order against a person or organisation for a contravention if the person or organisation has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.\n\n    (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n  (2) The proceedings for the order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.\n\n  Criminal proceedings may be started against a person or organisation for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether an order under this Part has been made against the person or organisation.\n\n  Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:\n    (a) the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and\n    (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n  However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.\n\n    (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:\n    (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;\n  the Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.\n  (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.\n  (4) On an application under subsection (3), the Court may grant relief under subsection (2) as if the eligible proceedings had been begun in the Court.\n\n    (a) civil proceedings are brought against an officer of an organisation for negligence, default, breach of trust or breach of duty in a capacity as such an officer; and\n    (iii) having regard to all the circumstances of the case (including those connected with the officer’s appointment), the officer ought fairly to be excused for the negligence, default or breach;\n  (2) An officer of an organisation who has reason to apprehend that a claim will or might be made against him or her for negligence, default, breach of trust or breach of duty in a capacity as such an officer may apply to the Federal Court for relief. On the application, the Court has the same power to relieve the officer as it would have had under subsection (1) if it had been a court before which proceedings against the officer for negligence, default, breach of trust or breach of duty had been brought.\n\n  (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act.\n\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"margin-left:0.25pt; border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:343.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provisions that are subject to an infringement notice</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Item</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableHeading\"><span>Provision</span></p></td></tr></thead><tbody><tr><td style=\"width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>1</span></p></td><td style=\"width:307.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>51(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>2</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>52(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>3</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>95(3C)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>4</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>103(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>5</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>104(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>6</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>169</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>7</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>172(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>8</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>189(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>9</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>191(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>10</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>192(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>11</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>193(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>12</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>13</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>14</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>198(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>15</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>16</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>199(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>17</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>18</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>230(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>19</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>20</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>231(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>21</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>22</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>233(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>23</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>235(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>24</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>25</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>236(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>26</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>237(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>27</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>253(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>28</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>254(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>29</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>30</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>31</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>32</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(4A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>33</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>34</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256(6A)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>35</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>256A(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>36</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>259</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>37</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>263(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>38</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>264(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>39</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>40</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>41</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>265(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>42</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>266(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>43</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Section</span><span> </span><span>268</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>44</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(4)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>45</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>46</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>47</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>270(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>48</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>49</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>272(5)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>50</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>51</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>276(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>52</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>53</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293B(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>54</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>55</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(3)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>56</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(6)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>57</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293C(7)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>58</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>59</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293F(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>60</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>61</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293J(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>62</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>293K(2)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>63</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(1)</span></p></td></tr><tr><td style=\"width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>64</span></p></td><td style=\"width:307.85pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"Tabletext\"><span>Subsection</span><span> </span><span>337AA(2)</span></p></td></tr></tbody></table>\n```\n\n> Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.\n\n    (a) it is a strict liability offence provision, or a civil penalty provision (within the meaning of the Regulatory Powers Act); and\n  (3) For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1) or (2):\n  (4) For the purposes of Part 5 of the Regulatory Powers Act, the General Manager is the relevant chief executive in relation to the provisions mentioned in subsection (1) or (2).\n  (5) The relevant chief executive may, in writing, delegate the relevant chief executive’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or (2) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (6) A person exercising powers or performing functions under a delegation under subsection (5) must comply with any directions of the relevant chief executive.\n  (7) If a civil penalty provision mentioned in subsection (1) specifies a penalty for a serious contravention and a penalty for any other contravention, the penalty specified for a serious contravention is to be disregarded for the purposes of paragraphs 104(2)(a) and (3)(a) of the Regulatory Powers Act.\n\n  (1) The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.\n  (2) The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.\n  (3) The functions and powers conferred on an infringement officer by Part 5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer’s instrument of appointment.\n  (4) The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers.\n  (7) The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer’s functions or the exercise of the infringement officer’s powers as an infringement officer.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n  (2) For the purposes of Part 6 of the Regulatory Powers Act, the General Manager is an authorised person in relation to the provisions mentioned in subsection (1).\n  (3) The General Manager may, in writing, delegate the General Manager’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n  (5) The General Manager may publish on the FWC’s website an undertaking given in relation to a provision mentioned in subsection (1).\n\nPart 2A contains provisions for a scheme for the administration of the Construction and General Division of the CFMEU and its branches.\n\nPart 3 provides that if a person is a party to certain kinds of proceedings under this Act, the Commonwealth may, in some circumstances, give the person financial assistance. Division 2 of Part 3 contains a rule about the ordering of costs by a court.\n\nPart 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act.\n\nPart 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations.\n\nPart 4A provides protection for certain persons (including officers, employees, members and contractors of organisations) who disclose information about certain contraventions of the law. It also provides for investigation of protected disclosures.\n\nPart 4B confers functions and powers on the FWC in relation to matters arising under this Act, in addition to those conferred by Division 3 of Part 5‑1 of the Fair Work Act.\n\nPart 6 deals with various procedural and administrative matters. It also contains some offence provisions and provisions dealing with certain rights of members of organisations (sections 345, 346 and 347).\n\n> invalidity includes nullity and also includes but is not limited to any invalidity or nullity resulting from an omission, defect, error, irregularity or absence of a quorum or caused by the fact that:\n\n    (a) a member, or each of 2 or more of the members, of a collective body of an organisation or branch of an organisation, or one of the persons, or each of 2 or more of the persons, purporting to act as the members of such a collective body, or a person, or each of 2 or more persons, holding or purporting to hold an office or position in an organisation or branch:\n    (v) was elected or appointed or purported to be elected or appointed, in a case where one or more of the persons who took part in the election or appointment or the purported election or appointment was or were not entitled to do so or was or were not members of the organisation; or\n    (b) persons who were not entitled to do so, or were not members of the organisation, took part in the making or purported making or the alteration or purported alteration of the rules of an organisation or branch, as officers or voters or otherwise.\n\n  (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:\n    (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or\n  (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:\n    (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and\n    (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.\n    (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and\n    (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and\n    (i) the election or appointment of a collective body of a branch of an organisation or any member of such a collective body; or\n    (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or\n    is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and\n    (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.\n  (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.\n\n    (i) by, or by persons purporting to act as, a collective body of an organisation or branch of an organisation and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (ii) by a person holding or purporting to hold an office or position in an organisation or branch and purporting to exercise power conferred by or under the rules of the organisation or branch; or\n    (b) the election or purported election, or the appointment or purported appointment of a person, to an office or position in an organisation or branch; or\n  the act, election or purported election, appointment or purported appointment, or the making or purported making or alteration or purported alteration of the rule, is taken to have been done in compliance with the rules of the organisation or branch.\n  (2) The operation of this section does not affect the validity or operation of an order, judgment, decree, declaration, direction, verdict, sentence, decision or similar judicial act of the Federal Court or any other court made before the end of the 4 years referred to in subsection (1).\n  (3) This section extends to an act, election or purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule:\n\n  (1) Where, on an application for an order under this section, the Federal Court is satisfied that the application of section 319 or 320 in relation to an act would do substantial injustice, having regard to the interests of:\n  (2) Where a declaration is made under subsection (1), section 319 or 320, as the case requires, does not apply, and is taken never to have applied, in relation to the act specified in the declaration.\n  (3) The Court may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n> act includes an election or purported election, appointment or purported appointment, and the making or purported making or alteration or purported alteration of a rule.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a determination of the question whether an invalidity has occurred in:\n  (3) Where, in a proceeding under subsection (1), the Court finds that an invalidity of the kind referred to in that subsection has occurred, the Court may make any order it considers appropriate:\n  (4) Where an order is made under subsection (3), the Court may give such ancillary or consequential directions as it considers appropriate.\n  (5) The Court must not make an order under subsection (3) unless it is satisfied that the order would not do substantial injustice to:\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n\n  (1) An organisation, a member of an organisation or any other person having a sufficient interest in relation to an organisation may apply to the Federal Court for a declaration that:\n    has ceased to exist or function effectively and there are no effective means under the rules of the organisation or branch by which it can be reconstituted or enabled to function effectively; or\n    (b) an office or position in the organisation or a branch of the organisation is vacant and there are no effective means under the rules of the organisation or branch to fill the office or position;\n  (2) Where the Court makes a declaration under subsection (1), the Court may, by order, approve a scheme for the taking of action by a collective body of the organisation or a branch of the organisation, or by an officer or officers of the organisation or a branch of the organisation:\n  (3) Where an order is made under this section, the Court may give any ancillary or consequential directions it considers appropriate.\n  (4) The Court must not make an order under this section unless it is satisfied that the order would not do substantial injustice to the organisation or any member of the organisation.\n    (a) what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section; and\n    (b) whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.\n  (6) An order or direction of the Court under this section, and any action taken in accordance with the order or direction, has effect in spite of anything in the rules of the organisation or a branch of the organisation.\n  (7) The Court must not under this section approve a scheme involving provision for an election for an office unless the scheme provides for the election to be held by a direct voting system or a collegiate electoral system.\n\n  (1) By force of this subsection, the Construction and General Division, and each of its branches, is placed under administration from the earliest time at which both of the following are in force:\n\n  (1) The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.\n  (2) An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n    (e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;\n    (g) the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;\n    (k) obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);\n\n> Note: The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).\n\n  (4) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  (1) As soon as practicable after a scheme is determined under subsection 323B(1), the General Manager must, in writing, appoint a person to be the administrator of the scheme.\n  (2) The General Manager may, by writing, terminate the appointment of the administrator and appoint another person as the administrator.\n    (b) must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.\n\n    (a) the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;\n    (b) the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;\n  (2) An instrument made under subsection (1) or (1A) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.\n  before the third anniversary of the day the administration began, unless the administrator gives the Minister written notice that the administrator is satisfied that (for variation) the branch, or (for revocation) the Construction and General Division and each of its branches, is functioning lawfully and effectively.\n  (3) The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.\n\n  Sections 323A, 323B, 323C and 323D cease to be in force on the fifth anniversary of the day the administration began under subsection 323A(1).\n\n  The following have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or a branch, division or part of the CFMEU:\n\n  (2) The Minister may, by legislative instrument, make rules prescribing the effect of actions taken under the scheme for the purposes of other laws.\n\n  (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).\n  (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.\n  (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.\n  (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.\n  (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager’s opinion, the alteration:\n    (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must, as soon as practicable after appointment as administrator:\n    (a) establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and\n    (i) an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (ii) a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or\n\n> Note: Complaints made under the procedure may qualify for whistleblower protection under Part 4A of this Chapter (see subsection (11) of this section).\n\n  (4) A complaint recipient must not disclose the identity of a complainant to a person who is not a complaint recipient, including in a referral under subsection (5), unless the complainant consents or it is already publicly known that the complainant has made the complaint under the procedure.\n  (5) A complaint recipient may refer a complaint to a law enforcement agency or regulator (including the Fair Work Ombudsman or the General Manager) for investigation.\n  (6) If a complaint is referred to a regulator that is the Fair Work Ombudsman or the General Manager, the regulator must:\n    (b) advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and\n    (i) report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and\n  (7) If the complaint is investigated by a regulator other than the Fair Work Ombudsman or the General Manager, or by a law enforcement agency, the complaint recipient must use best endeavours to obtain reports of the progress of the investigation from time to time and disclose these to the complainant.\n  (8) If, because of a want of jurisdiction, no law enforcement agency or regulator investigates a complaint referred under subsection (5), the complaint recipient must use best endeavours to:\n  (9) Subsections (7) and (8) do not apply if the administrator reasonably believes that disclosing information to the complainant as required by those subsections may jeopardise the investigation concerned.\n    (b) the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and\n    (c) a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and\n    (d) section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.\n\n  Except to the extent (if any) specified otherwise in a scheme determined under subsection 323B(1), costs of the administration, including costs incurred by the administrator in acting under the scheme and this Act, are to be borne by the CFMEU.\n\n    (d) may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.\n  (2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.\n  (3) The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.\n  (4) In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:\n    (a) ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and\n    (b) to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.\n    (a) be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and\n    (b) have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.\n  (6) References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.\n  (7) Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).\n\n  (1) The administrator may, for the purposes of performing the functions or exercising the powers of an administrator, by notice in writing given to a person mentioned in subsection (2), require the person to do either or both of the following, before the end of the period specified in the notice (which must not be less than 14 days):\n    (a) produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;\n    (b) provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.\n    (c) a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;\n\n  (1) The administrator is entitled to receive remuneration for necessary work properly performed by the administrator in relation to the administration.\n  (3) The General Manager may, in writing, make any determinations the General Manager considers appropriate to provide for and in relation to remuneration the administrator is entitled to receive for necessary work properly performed by the administrator in relation to the administration.\n  (4) In making a determination under this section, the General Manager must have regard to whether the remuneration is reasonable, taking into account:\n    (c) if the remuneration is worked out wholly or partly on a time‑cost basis—the time likely to be properly taken by the administrator in performing the work; and\n  (6) A determination made under subsection (3) may also provide for, and in relation to, allowances. Subsection (2) applies in relation to any such allowances as if they were remuneration but subsection (4) does not apply.\n    (a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and\n    (b) neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.\n\n    (i) the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;\n    (ii) the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;\n    (iii) the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and\n    (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:\n    (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or\n    (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or\n    (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).\n\n  (3) A removed person must not start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.\n\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to hold office in an organisation.\n  (3) In deciding whether the removed person is a fit and proper person to hold office in an organisation, the FWC must have regard to the following matters:\n    (a) the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);\n    (b) whether the removed person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  (1) The FWC may, on application in writing by a removed person, grant the removed person a certificate to be employed or engaged by an organisation.\n  (2) The FWC may grant the certificate if satisfied that the removed person is a fit and proper person to be employed or engaged by an organisation.\n    (a) if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or\n    (b) at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).\n\n  Nothing in this Division affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions relieving persons from requirements to disclose spent convictions).\n\n  An administrator, or a person acting under the direction of an administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith and either:\n    (a) in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or\n    (b) in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).\n\n    (b) the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.\n\n  (1) A person who is involved in a contravention of a civil penalty provision in this Part is taken to have contravened that provision.\n\n> Note: The Criminal Code also has provisions that extend liability to a person involved in a contravention of the offence provision in subsection 323P(5) (see Part 2.4 of the Criminal Code).\n\n  (2) For the purposes of subsection (1), a person is involved in a contravention of the civil penalty provision if, and only if, the person:\n    (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or\n\n  Section 604 of the Fair Work Act does not apply to a decision made for the purposes of this Part, other than a decision made under section 323MC or 323MD.\n\n  (1) If the operation of this Part, or an instrument made under this Part, would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n  (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.\n\n  (1) The administrator of a scheme determined under subsection 323B(1) must give the Minister a report about the operation of the scheme:\n    (a) no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and\n    (b) a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and\n    (c) a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and\n    (d) a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.\n  (3) The Minister must table a copy of a report in each House of the Parliament within 15 sitting days of that House after the Minister receives it.\n\n  (1) Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:\n  (2) An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:\n    (a) a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;\n    (c) a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);\n    (e) a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;\n    (f) a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;\n    (g) a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;\n    (h) a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;\n    (j) a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;\n    (k) a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);\n    (m) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;\n    (n) a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;\n    (o) a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;\n    (q) a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.\n    (a) in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or\n    (b) in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or\n    (c) in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or\n    (e) in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.\n\n  (1) Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.\n  (2) Where a member of an organisation has made an application under subsection 215(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.\n  (3) Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.\n\n  (1) The Minister may refuse an application made by a person referred to in paragraph 324(2)(a), (b), (c) or (q) if satisfied that:\n    (a) the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or\n    (b) it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.\n\n    (a) was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and\n  (3) Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 324(2)(a), (b), (c), or (q), subsections (4) and (5) of this section apply.\n    (b) authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.\n  (5) The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.\n\n  Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.\n\n  Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.\n\n  (1) A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.\n\n    (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and\n    (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations;\n\n  (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law.\n\n  (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager’s functions under this Act.\n\n  The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period:\n    (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act;\n    (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to:\n\n  (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act.\n  (2) The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:\n    (a) that it is necessary or appropriate to do so in the course of performing or exercising the General Manager’s functions or powers (including under the Fair Work Act); or\n    (b) that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.\n\n  (2) The General Manager may make inquiries as to whether a civil penalty provision (see section 305) has been contravened.\n  (3) The person making the inquiries may take such action as he or she considers necessary for the purposes of making the inquiries. However, he or she cannot compel a person to assist with the inquiries under this section.\n\n  (1) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether:\n  (2) If the General Manager is satisfied that there are reasonable grounds for doing so, the General Manager may conduct an investigation as to whether a civil penalty provision (see section 305) has been contravened.\n  (4) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1) or (2), the General Manager forms the opinion that there are grounds for investigating the finances or financial administration of the reporting unit, the General Manager may make the further investigation.\n\n    (b) where for any other reason the General Manager considers that a matter revealed in the documents should be investigated—investigate the matter.\n    (a) the defect, irregularity, deficiency, failure or shortcoming consists solely of the fact that the organisation concerned has kept financial records for its membership subscriptions separately on a cash basis as provided in subsection 252(4); or\n    (b) after consultation with the reporting unit and the auditor, the General Manager is satisfied that the matters are trivial or will be remedied in the following financial year.\n  (3) Where, having regard to matters that have been brought to notice in the course of, or because of, an investigation under subsection (1), the General Manager forms the opinion that there are grounds for investigating the finances or the financial administration of the reporting unit, the General Manager may make the further investigation.\n\n  (2) On receipt of a request under subsection (1), the General Manager must investigate the finances and the financial administration of the reporting unit concerned. The General Manager, in conducting the investigation, is not limited to the most recent financial year for which documents have been lodged and may investigate years for which documents are yet to be lodged.\n  (3) Where the General Manager receives more than one request in relation to a reporting unit during a financial year, the General Manager is only required to conduct one investigation but may conduct more than one investigation.\n\n  (2) For the purpose of the investigation, the General Manager may, by written notice, require the person to do one or more of the following:\n    (a) to give to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, within the period (being a period of not less than 14 days after the notice is given) and in the manner specified in the notice, any information within the knowledge or in the possession of the person;\n    (b) to produce or make available to the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, any documents in the custody or under the control of the person, or to which he or she has access;\n    (c) to attend before the General Manager or a person or body to whom the General Manager has delegated conduct of the investigation, at a reasonable time (being a time not less than 14 days after the notice is given) and place specified in the notice, to answer questions relating to matters relevant to the investigation, and to produce to the General Manager or the delegate (as the case may be) all records and other documents in the custody or under the control of the person relating to those matters;\n    (d) to give to the General Manager such other reasonable assistance in connection with the investigation as is specified in the notice.\n\n    (e) if the person will be required to answer questions on oath or affirmation—set out the effect of section 335F (attendee’s lawyer).\n\n  This Division applies if a person (the attendee) is required, for the purposes of an investigation, to attend before another person (the investigator) to answer questions on oath or affirmation.\n\n  (2) The oath or affirmation to be taken or made by the attendee for the purposes of the investigation is an oath or affirmation that the statements that the attendee will make will be true.\n\n  (1) The questioning must take place in private and the investigator may give directions about who may be present during the questioning, or during a part of it.\n    (ii) because the person is the attendee’s lawyer, or another person accompanying the attendee as mentioned in paragraph 335(3)(a).\n\n  (2) If, in the investigator’s opinion, a person is trying to obstruct the questioning by exercising rights under subsection (1), the investigator may require the person to stop addressing the investigator, or questioning the attendee, as the case requires.\n\n  (1) The investigator may, and must if the attendee so requests, cause a record to be made of statements made during the questioning.\n    (a) the investigator may require the attendee to read it, or to have it read to him or her, and may require him or her to sign it; and\n    (b) the investigator must, if requested in writing by the attendee to give to the attendee a copy of the written record, comply with the request without charge but subject to such conditions (if any) as the investigator imposes.\n\n  If a copy is given to a person under subsection 335G(2) subject to conditions, the person, and any other person who has possession, custody or control of the copy or a copy of it, must comply with the conditions.\n\n  (1) If the General Manager has reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises in Australia, documents whose production could be required under section 335, he or she may:\n  (2) On an application under this section, the magistrate may require further information to be given, either orally or by affidavit, in connection with the application.\n\n  (1) This section applies if, on an application under section 335K, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular documents whose production could be required under section 335.\n  (2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:\n  (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under section 335K for the purposes of the application:\n    (c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.\n\n  (1) Before any person enters premises under a search warrant issued under section 335L, a member of the Australian Federal Police must:\n  (2) However, the member of the Australian Federal Police is not required to comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the warrant is not frustrated.\n  (6) If documents are seized under the warrant, the member of the Australian Federal Police or a person assisting the member must provide a receipt for the documents.\n\n    (c) by virtue of a previous application of subsection (8) of this section, documents are delivered into a person’s possession.\n    (c) for a decision to be made about whether or not a proceeding to which the documents would be relevant should be begun; or\n  (6) No‑one is entitled, as against the person, to claim a lien on any of the documents, but such a lien is not otherwise prejudiced.\n    (a) must permit another person to inspect at all reasonable times such (if any) of the documents as the other person would be entitled to inspect if they were not in the first‑mentioned person’s possession; and\n  (8) Unless subparagraph (1)(b)(ii) applies, the person may deliver any of the documents into the possession of the General Manager or of a person authorised by the General Manager to receive them.\n  (9) If paragraph (1)(a) or (b) applies, the person, or a person into whose possession the person delivers any of the documents under subsection (8), may require:\n\n  If a person fails to produce particular documents in compliance with a requirement made by another person under section 335, the other person may require the first‑mentioned person to explain:\n\n  If a person has power under section 335 to require another person to produce documents relating to the affairs of an organisation, whether or not that power is exercised, the first‑mentioned person may require the other person:\n\n  (1A) The General Manager must also, within 12 months of notifying the reporting unit under subsection (1), make inquiries under section 330 as to whether the reporting unit is complying with the provision, guidelines or rule the contravention of which was notified to the reporting unit under subsection (1).\n    (a) issue a notice to the reporting unit requesting that the reporting unit take specified action, within a specified period, to rectify the matter;\n    (c) refer the matter to the Director of Public Prosecutions, the Australian Federal Police or a police force of a State or Territory for action in relation to possible criminal offences.\n\n> Note: In appropriate circumstances, the General Manager may also make a determination in accordance with section 247 (determination of reporting units).\n\n  (3) The General Manager may, on application by the reporting unit, extend any periods specified in the notice issued under subsection (2).\n  (5) The Federal Court may, on application by the General Manager, make such orders as the Court thinks fit to ensure that the reporting unit complies with subsection (4).\n\n    (iii) to give to the General Manager such other reasonable assistance as is specified in a notice under that subsection; or\n    (b) the person gives information, or produces a document, in purported compliance with a requirement under subsection 335(2), and the person knows, or is reckless as to whether, the information or document is false or misleading; or\n    (c) when attending before the General Manager or delegate in accordance with a requirement under subsection 335(2), the person makes a statement, whether orally or in writing, and the person knows, or is reckless as to whether, the statement is false or misleading; or\n    (ii) a requirement under subsection 335N(9) to explain a matter about the content of a document or to which a document relates; or\n    (iii) a requirement under section 335P to explain where documents may be found, and who last had possession, custody or control of the documents and where that person may be found; or\n    (iv) a requirement under section 335Q to identify property of an organisation and explain how the organisation has kept account of that property.\n\n  (3) Subparagraphs (1)(d)(ii) and (iii) do not apply to the extent that the person has explained the matter to the best of his or her knowledge or belief.\n  (4) Subparagraph (1)(d)(iv) does not apply to the extent that the person has, to the extent that the person is capable of doing so, performed the acts referred to in paragraphs 335Q(a) and (b).\n\n> Note: A defendant bears an evidential burden in relation to the matters in subsections (2) to (4) (see subsection 13.3(3) of the Criminal Code).\n\n    (c) fails to comply with a requirement under paragraph 335G(2)(a) in relation to a record of statements made during questioning; or\n\n  (2) A person commits an offence of strict liability if the person fails to comply with a requirement under subsection 335F(2) to stop addressing an investigator, or questioning an attendee.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).\n\n    (a) engage in conduct that results in the obstruction or hindering of a person in the exercise of a power under this Part; or\n    (b) engage in conduct that results in the obstruction or hindering of a person who is executing a warrant issued under section 335L.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).\n\n  (3) The occupier, or person in charge, of premises that a person enters under a warrant issued under section 335L must not intentionally or recklessly fail to provide to that person all reasonable facilities and assistance for the effective exercise of his or her powers under the warrant.\n\n  (1) If the General Manager, or a person or body to whom the General Manager has delegated the conduct of an investigation, is investigating, or is about to investigate, a matter, a person must not:\n    (a) in any case—engage in conduct that results in the concealment, destruction, mutilation or alteration of a document relating to that matter; or\n    (b) if a document relating to that matter is in a particular State or Territory—engage in conduct that results in the taking or sending of the document out of that State or Territory or out of Australia.\n\n  (2) It is a defence to a prosecution for a contravention of subsection (1) if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation under this Part.\n\n> Note: A defendant bears a legal burden in relation to a matter mentioned in subsection (2) (see section 13.4 of the Criminal Code).\n\n  in accordance with a requirement made of the person, that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty.\n    pursuant to a requirement made under this Part, a person (other than a body corporate) claims that the information, producing the document or signing the record might tend to incriminate the person or make the person liable to a penalty; and\n    (b) the information, producing the document or signing the record might in fact tend to incriminate the person or make the person so liable.\n  (3) The information, or the fact that the person has produced the document or signed the record, is not admissible in evidence against the person in:\n    (c) in the case of giving information or producing a document—whether the information or document is false or misleading; or\n\n    (b) giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.\n  (2) The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.\n  (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:\n    (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and\n    (b) if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and\n    (c) if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.\n\n  (1) A statement that a person makes on oath or affirmation during an investigation is admissible in evidence against the person in a proceeding unless:\n    (b) the statement is not relevant to the proceeding and the person objects to the admission of evidence of the statement; or\n    (c) the statement is qualified or explained by some other statement made by the person on oath or affirmation during the investigation, evidence of the other statement is not tendered in the proceeding and the person objects to the admission of evidence of the first‑mentioned statement; or\n    (d) the statement discloses matter in respect of which the person could claim legal professional privilege in the proceeding if this subsection did not apply in relation to the statement, and the person objects to the admission of evidence of the statement.\n  (2) Subsection (1) applies in relation to a proceeding against a person even if it is heard together with a proceeding against another person.\n  (3) If a written record of statements made by a person during questioning is signed by the person under subsection 335G(2) or authenticated in any other prescribed manner, the record is, in a proceeding, prima facie evidence of the statements it records, but nothing in this Part limits or affects the admissibility in the proceeding of other evidence of statements made during the questioning.\n\n  If direct evidence by a person (the absent witness) of a matter would be admissible in a proceeding, a statement that the absent witness made on oath or affirmation during an investigation and that tends to establish that matter is admissible in the proceeding as evidence of that matter:\n    (ii) the absent witness is outside the State or Territory in which the proceeding is being heard and it is not reasonably practicable to secure his or her attendance; or\n    (b) if it does not so appear to the court or tribunal—unless another party to the proceeding requires the party tendering evidence of the statement to call the absent witness as a witness in the proceeding and the tendering party does not so call the absent witness.\n\n  (1) This section applies if evidence of a statement made by a person made on oath or affirmation during an investigation is admitted under section 337AG in a proceeding.\n    (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and\n    (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.\n  (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.\n\n  (1) A party (the adducing party) to a proceeding may, not less than 14 days before the first day of the hearing of the proceeding, give to another party to the proceeding written notice that the adducing party:\n    (a) will apply to have admitted in evidence in the proceeding specified statements made on oath or affirmation during an investigation; and\n  (3) Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:\n  (4) The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.\n  (7) If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceeding to a statement specified in the notice being admitted in evidence in the proceeding, unless:\n\n  (1) A copy of, or an extract from, a document relating to the affairs of an organisation is admissible in evidence in a proceeding as if the copy were the original document, or the extract were the relevant part of the original document, whether or not the copy or extract was made under section 335N.\n  (2) A copy of, or an extract from, a document is not admissible in evidence under subsection (1) unless it is proved that the copy or extract is a true copy of the document, or of the relevant part of the document.\n  may give evidence, either orally or by an affidavit or statutory declaration, that the copy or extract is a true copy of the document or relevant part, as the case may be.\n\n  Nothing in this Division renders evidence inadmissible in a proceeding in circumstances where it would have been admissible in that proceeding if this Division had not been enacted.\n\n  A person (the investigator) who is about to make, or has made, a requirement of another person under this Part must, if the other person requests evidence of the investigator’s authority to make the requirement, produce to the other person:\n    (b) such other evidence (if any) of the investigator’s authority to make the requirement as the General Manager determines.\n\n  Part 2.2, sections 69, 70, 71 and 147 and Division 2 of Part 4.6 of the Evidence Act 1995 apply to questioning on oath or affirmation for the purposes of an investigation in the same way that they apply to a proceeding to which that Act applies under section 4 of that Act.\n\n  (1) A person who, pursuant to a requirement made under section 335, attends before the General Manager or a person or body to whom the General Manager has delegated the conduct of an investigation, is entitled to the prescribed allowances and expenses (if any).\n  (2) The General Manager may pay such amount as he or she thinks reasonable on account of the costs and expenses (if any) that a person incurs in complying with a requirement made under this Part.\n\n  A person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under this Part.\n\n    (iv) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an organisation or a branch of an organisation;\n    (v) a person who has or had a contract for the supply of services or goods to, or any other transaction with, an officer or employee of an organisation or of a branch of an organisation who is or was acting on behalf of the organisation or branch;\n    (iii) an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n  (2) A disclosure is taken to have been made by a person mentioned in paragraph (1)(a) (the discloser) to a person mentioned in paragraph (1)(b) (the official) if the disclosure is made to the official by a lawyer on the discloser’s behalf.\n    (a) the discloser is a person mentioned in paragraph (1)(a) in relation to an organisation or a branch of an organisation; and\n    (c) the discloser has reasonable grounds to suspect that the information indicates one or more instances of disclosable conduct by:\n\n    (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.\n\n> Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.\n\n    (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.\n  (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.\n\n    (i) believes or suspects that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part; or\n    (ii) should have known that the second person or any other person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part.\n  (3) Despite subsection (1), a person does not take a reprisal against another person to the extent that the person takes administrative action that is reasonable to protect the other person from detriment.\n\n  (1) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) is satisfied, on the application of a person mentioned in subsection (4) (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against a person (the target), the Court may make any one or more of the following orders:\n    (a) an order requiring the respondent to compensate the target for loss, damage or injury as a result of the reprisal or threat;\n    (b) an order granting an injunction, on such terms as the Court thinks appropriate, to prevent, stop or remedy the effects of the reprisal or threat;\n    (d) if the target is or was employed in a particular position with the respondent and the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment—an order that the target be reinstated in that position or a position at a comparable level;\n  (2) However, the Court must not make an order under subsection (1) if the respondent satisfies the Court that the belief or suspicion mentioned in subparagraph 337BA(1)(b)(i) is not any part of the reason for taking the reprisal.\n    (a) the target made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part; and\n    (b) the respondent was under a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the respondent’s control prevented or refrained from, any act or omission likely to result in detriment to the target; and\n  (5) If the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the target’s employment, the Court must, in making an order mentioned in paragraph (1)(a), consider the period, if any, the target is likely to be without employment as a result of the reprisal. This subsection does not limit any other matter the Court may consider.\n  (6) If the Federal Court or Federal Circuit and Family Court of Australia (Division 2) has power under subsection (1) to make an order against a respondent in relation to conduct that constituted or constitutes taking or threatening to take a reprisal against a target, the Court may make any other orders that it thinks appropriate against any other person who has:\n    (c) failed to fulfil a duty to prevent, refrain from, or take reasonable steps to ensure other persons under the person’s control prevented or refrained from, the conduct; or\n\n  (1) This section applies to proceedings (including an appeal) in a court in relation to a matter arising under section 337BB if the target makes the application under subsection 337BB(1).\n  (3) The target must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (4).\n\n  (1) A person (the first person) must not take a reprisal against another person if the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n  (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:\n    (b) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n    (b) the person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.\n\n  (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.\n    (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or a third person; and\n    (c) the first person’s belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.\n\n  (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.\n\n  To avoid doubt, a person may bring civil proceedings under section 337BB, or civil proceedings for a contravention of subsection 337BD(1) or (3), in relation to the taking of a reprisal, or the threat to take a reprisal, even if a prosecution for a criminal offence against section 337BE in relation to the reprisal or threat has not been brought, or cannot be brought.\n\n> Note: Part 2 of Chapter 10 sets out the relationship between civil penalty provisions (including subsections 337BD(1) and (3)) and criminal proceedings (including under section 337BE) arising out of the same conduct.\n\n  (1) If a disclosure that qualifies for protection under this Part is made (other than a disclosure to a lawyer that qualifies for protection under this Part because of subsection 337A(4)), the person to whom the disclosure is made must allocate the handling of the disclosure to one or more authorised officials (which may be or include the person).\n  (3) The person may, after making a decision under subsection (1) or this subsection allocating the handling of the disclosure to one or more authorised officials, decide to allocate the handling of the disclosure to one or more other authorised officials.\n  (4) For the purposes of deciding an allocation, the person may obtain information from such persons, and make such inquiries, as the person thinks fit.\n\n  (1) If a disclosure that qualifies for protection under this Part is allocated to an authorised official, the authorised official must investigate the disclosure.\n  (2) However, the authorised official may decide not to investigate the disclosure, or (if the investigation has started) not to investigate the disclosure further, under this Division in circumstances prescribed by the regulations.\n  (3) To avoid doubt, Division 2 continues to apply to the disclosure even if the authorised official decides not to investigate the disclosure, or not to investigate the disclosure further, under this Division.\n  (4) The investigation under this Division by the authorised official is to be conducted in accordance with any regulations made for the purposes of section 337CC and otherwise as the authorised official thinks fit.\n  (5) The authorised official may, for the purposes of the investigation, obtain information from such persons, and make such inquiries, as the authorised official thinks fit.\n\n  (1) An investigation under this Division must be completed within 90 days after allocation of the handling of the relevant disclosure.\n  (2) The General Manager may extend, or further extend, the 90‑day period by such additional period (which may exceed 90 days) as the General Manager considers appropriate:\n    (a) the General Manager must inform the discloser of the extension or further extension, and of the reasons for the extension or further extension; and\n    (b) the authorised official must, as soon as reasonably practicable after the extension or further extension, inform the discloser of the progress of the investigation.\n  (5) Failure to complete the investigation within the time limit under this section does not affect the validity of the investigation.\n\n  (1) The regulations may prescribe procedures to be followed and other matters in relation to allocation of handling of disclosures that qualify for protection under this Part.\n  (2) The regulations may prescribe procedures to be followed and other matters in relation to investigations under this Division, including in relation to the following:\n    (b) informing the discloser and the General Manager of a decision not to investigate a disclosure, or not to investigate a disclosure further, under this Division;\n\n  is evidence of the commission of an offence against a law of the Commonwealth, a State or a Territory, the authorised official may disclose the information, to the extent that it is such evidence, to a member of an Australian police force that is responsible for the investigation of the offence.\n  (2) However, if the offence is punishable by imprisonment for life or by imprisonment for a period of at least 2 years, the authorised official must so notify such a member.\n  is evidence of a contravention of the Competition and Consumer Act 2010, the authorised official may disclose the information, to the extent that it is such evidence, to the Australian Competition and Consumer Commission.\n  (4) This section does not, by implication, limit a person’s power to notify a matter to a member of an Australian police force, the Australian Competition and Consumer Commission or another agency or person.\n\n  (1) A person is not subject to any criminal or civil liability because the person (voluntarily or otherwise) gives information, produces a document or answers a question if:\n\n  (2) This section does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code that relates to the information, document or answer, as the case may be.\n  (4) To avoid doubt, if the information, document or answer relates to the person’s own conduct, this section does not affect his or her liability for the conduct.\n\n  (1) A person to whom a disclosure that qualifies for protection under this Part is made or an authorised official (or a delegate of an authorised official) is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:\n    (a) in the performance, or purported performance, of any function conferred on the person or authorised official by this Part; or\n\n  This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.\n\n  (1) This Part does not, by implication, limit the investigative powers conferred on an authorised official by a law of the Commonwealth other than this Part.\n  (2) This Part does not detract from any obligations imposed on an authorised official by a law of the Commonwealth other than this Part.\n\n  (1) For the purpose of, or in relation to, the exercise of another power, or the performance of a function, conferred by this Act, a member of the FWC may at any time during working hours:\n    (b) inspect or view any work, material, machinery, appliance, article, document or other thing on the prescribed premises; and\n\n    (c) orders including, or varying orders to include, a provision to the effect that engaging in conduct in breach of a specified term of the order is to be taken to constitute the commission of a separate breach of the term on each day on which the conduct continues.\n\n  In making an order in proceedings under this Act, the FWC is not restricted to the specific relief claimed by the parties concerned, but may include in the order anything which the FWC considers necessary or expedient for the purposes of dealing with the proceedings.\n\n  (2) The FWC must ensure that an order under this Act is expressed in plain English and is easy to understand in structure and content.\n  the General Manager must reduce the order to writing, sign it and seal it with the seal of the FWC, and the order has effect as if it had been signed by the FWC Member.\n\n  Jurisdiction is conferred on the Federal Court in relation to any matter (whether civil or criminal) arising under this Act.\n\n  (1) Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation or member of an organisation is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.\n  (2) The jurisdiction of the Federal Court in relation to matters arising under section 163, 164, 164A, 164B or 167 or Part 3 of Chapter 7 is exclusive of the jurisdiction, or any similar jurisdiction, of a State industrial authority.\n\n  The jurisdiction conferred on the Federal Court under this Act is to be exercised in the Fair Work Division of the Federal Court if:\n    (b) a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or\n    (c) a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n    (d) an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or\n\n    (aa) matters in relation to which applications are made to the Court under subsection 109(1) (giving effect to withdrawal of constituent part from amalgamated organisation); and\n    (ab) matters in relation to which applications are made to the Court under subsection 118(2) (giving effect to requirement to take necessary steps in relation to withdrawal from amalgamation); and\n    (ac) matters in relation to which applications are made to the Court under subsection 125(1) (resolving difficulties in relation to application of Part 3 of Chapter 3 to a matter); and\n    (ad) matters in relation to which applications are made to the Court under subsection 128(1) (validation of certain acts done for purposes of proposed or completed withdrawal from amalgamation); and\n    (ae) matters in relation to which applications are made to the Court under subsection 129(1) (invalidity in proposed or completed withdrawal from amalgamation); and\n  (2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.\n  (3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:\n  (4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.\n\n  (1) At any stage of a proceeding in a matter arising under this Act, a single Judge exercising the jurisdiction of the Federal Court:\n    (b) may, of the Judge’s own motion or on the application of a party, refer the matter to a Full Court to be heard and determined.\n  (2) If a Judge refers a matter to a Full Court under subsection (1), the Full Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.\n\n  In spite of section 24 of the Federal Court Act 1976, an appeal does not lie to a Full Court from a judgment by a single Judge in an inquiry referred to in section 69, 108 or 201 except in accordance with leave given by the Court.\n\n  (1) The General Manager may, in writing, delegate to a member of the staff of the FWC all or any of the General Manager’s functions or powers under this Act.\n  (2) Despite subsection (1), the General Manager’s functions or powers under the following provisions cannot be delegated:\n  (3) Despite subsection (1), the General Manager’s functions or powers under the following provisions can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee, or who is in a class of employees prescribed by the regulations:\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n  (3A) Despite subsection (1), the General Manager’s functions or powers under section 330, 331, 332 or 333 can only be delegated to:\n    (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields:\n  (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee.\n  (4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the General Manager.\n\n  (1) Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (a) an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or\n    (b) any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;\n  (3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.\n\n  (1) Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.\n\n    (b) in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;\n  to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.\n\n    (c) a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged on behalf of the organisation under subsection 233(1);\n  the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.\n\n    (a) must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and\n  (3) An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.\n    (c) prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and\n    (d) prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and\n    (e) prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.\n\n  A certificate of the General Manager stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.\n\n  A list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.\n\n  In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.\n\n  (1) The Minister may intervene on behalf of the Commonwealth in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if the Minister believes it is in the public interest to do so.\n  (2) If the Minister intervenes, the Minister is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.\n\n  (1) For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.\n  (2) On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.\n\n  In spite of anything to the contrary in this Act, the Fair Work Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the procedural rules of the FWC made under section 609 of the Fair Work Act, act only by an employing authority of the employee acting on behalf of the employer and, in particular:\n    (a) anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and\n    (b) anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.\n\n#### 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)\n\n  (1) This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division 2), other than:\n    (b) a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.\n  (4) If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section 608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection (2) or (3) if the Court grants leave.\n\n  (1) For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.\n  (2) The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.\n\n  All documents and other things produced in evidence before the FWC may be inspected by the FWC or by such other parties as the FWC allows.\n\n    (a) the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or\n    (b) a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.\n  (2) Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or the FWC.\n  (3) If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or the FWC, by order, permits the publication.\n  (4) Where the Federal Court or the FWC directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.\n  (5) The Federal Court or the FWC may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.\n  (6) A person commits an offence if the person gives as evidence, or publishes, any information in contravention of this section or a direction given under this section.\n\n  A court that imposes a pecuniary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid to:\n\n  a certificate signed by the General Manager, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.\n  (2) A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.\n  (3) Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.\n\n    (a) the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and\n    (d) requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and\n    (e) requiring the exhibiting, on the premises of an employer bound by an order of the FWC under this Act, of any of the terms of the order; and\n\n> Note: Regulations made under the Fair Work Act may also be relevant to the operation of this Act. For example, regulations about the FWC’s practice and procedure may be made for the purposes of section 610 of the Fair Work Act.\n\n    (a) requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and\n    (b) requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.\n\n  If:\n    (b) the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and\n    (c) the organisation proposes in accordance with this Part to amalgamate with an associated body as defined by this Part for the purpose of seeking the non‑corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of this Part;\n  then, in addition to the other provisions of this Act, this Part applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).\n\n> amalgamation means the carrying out of arrangements in relation to an organisation and an associated body under which it is intended that:\n\n    (c) members of the associated body who are not already members of the organisation are to become members of the organisation; and\n    (d) the property of the associated body is to become the property of the organisation forming part of the branch fund of the branch; and\n\n> associated body, in relation to an organisation, means an association registered under a prescribed State Act that is or purports to be composed of substantially the same members, and has or purports to have substantially the same officers, as a branch of the organisation in the same State, including such an association that has purported to function as a branch of the organisation.\n\n  (1) The rules of a branch of an organisation must provide for a fund of the branch that is to be managed and controlled under rules of the branch, and must make provision in relation to the fund in accordance with subsection (2).\n    (a) real or personal property of which the branch of the organisation, by the rules or by any established practice not inconsistent with the rules, has, or in the absence of a limited term lease, bailment or arrangement, would have, the right of custody, control or management; and\n    (b) the amounts of entrance fees, subscriptions, fines, fees or levies received by a branch, less so much of the amounts as is payable by the branch to the organisation; and\n    (d) a superannuation or long service leave or other fund operated or controlled by the branch for the benefit of its officers or employees; and\n    (e) a sick pay fund, accident pay fund, funeral fund, tool benefit fund or similar fund operated or controlled by the branch for the benefit of its members; and\n    (f) property acquired wholly or mainly by expenditure of the money of the fund or derived from other assets of the fund; and\n  (3) The FWC may grant to a branch of an organisation exemption from this section or any provision of this section on the ground that the branch’s rules make adequate and reasonable provision for its funds, having regard to the organisation’s functioning under this Act and the Fair Work Act and its participation in any State workplace relations system.\n\n  (1) Subsections (2) and (3) apply in relation to the consideration by the FWC of an application under section 158 for consent to a change in the name, or an alteration of the eligibility rules, of an organisation.\n    (b) whether the reason the change is sought is to enable the organisation, in addition to representing members or staff members under this Act or the Fair Work Act, to represent under the State Act a class of persons who would, if the change were consented to, become eligible for membership.\n  (3) In the case of an alteration to a rule that may effect a change in the class of persons eligible for membership of a branch of the organisation that is registered under the law of a State, the FWC must, before consenting, give notice of the proposed change to the industrial registrar or similar officer appointed under the law of the State in which the branch operates and, if so requested, consult with the industrial registrar or officer.\n\n  The rules of an organisation must provide for the autonomy of a branch in matters affecting members of the branch only and matters concerning the participation of the branch in a State workplace relations system.\n\n  (1) Where it is not contrary to the rules of an organisation to do so, the organisation may participate in workplace relations systems.\n  (2) For the purpose of participating, a branch of an organisation may become registered under a law of a State so long as that registration does not involve the branch in becoming incorporated, or otherwise becoming a legal entity, under the law of the State.\n  (3) Where an organisation participates, its rules may provide that the secretary of the branch of the organisation in the State is the person to sue or to be sued under the law of the State in relation to any acts or omissions arising from its participation.\n\n  (1) The committee of management of an organisation and the committee of management of the associated body must each pass a resolution proposing amalgamation and specifying particulars of the proposed amalgamation.\n  (4) If the rules of the organisation do not comply, subject to subsection 362(3), with Division 3 in respect of each branch for which the organisation proposes to seek non‑corporate registration under a prescribed State Act, the proposed alterations must include alterations necessary for the rules so to comply.\n  (6) Objection may be made to the amalgamation, so far as it involves an alteration of the eligibility rules of the organisation, by:\n  because there is another organisation to which the members of the associated body, whose eligibility for membership would depend on the alteration, could more conveniently belong.\n  (7) Objection may be made to the amalgamation by a member of the organisation or of the associated body on the ground that:\n    (c) is satisfied that the amalgamation would not do substantial injustice to the members of the organisation or of the associated body; and\n  the FWC must, subject to subsection (10), approve the amalgamation and fix the day on which the amalgamation is to take effect, but otherwise the FWC must refuse to approve the amalgamation.\n  (10) The FWC must not approve an amalgamation unless the FWC is satisfied as to arrangements made relating to property and liabilities of the associated body.\n  (12) On the day on which the amalgamation takes effect, all members of the associated body who are not already members of the organisation but are or become, on that day, eligible for membership of the organisation:\n    (b) are to be taken to have been members for the period ending on that day during which they were members of the associated body.\n\n## 368 Exercise of the FWC’s powers under this Part\n\n## 1 Definitions\n\n#### 1 Definitions\n\n  (1) In this Schedule:\n\n> industrial instrument means:\n\n    (a) a modern award; or\n    (b) an enterprise agreement; or\n    (c) a preserved State agreement; or\n    (d) a notional agreement preserving State awards.\n\n> notional agreement preserving State awards means an agreement that, on the reform commencement, was taken to come into operation under clause 31 of Schedule 8 to the Workplace Relations Act 1996.\n\n> office, in relation to a State‑registered association, has its ordinary meaning.\n\n> preserved State agreement means an agreement that, on the reform commencement, was taken to come into operation under clause 3 or 10 of Schedule 8 to the Workplace Relations Act 1996.\n\n> reform commencement means the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005.\n\n> rule, in relation to State‑registered association, has its ordinary meaning.\n\n> State demarcation order means a State award, to the extent that it relates to the rights of a State‑registered association to represent the interests under a State or Territory industrial law of a particular class or group of employees.\n\n> State employment agreement means an agreement:\n\n    (a) between an employer and one or more of the following:\n    (i) an employee of the employer;\n    (ii) a trade union; and\n    (b) that regulates wages and conditions of employment of one or more of the employees; and\n    (c) that is in force under a State or Territory industrial law; and\n    (d) that prevails over an inconsistent State award.\n\n> State‑registered association means a body that is:\n\n    (a) an industrial organisation for the purposes of the Industrial Relations Act 1996 of New South Wales; or\n    (b) an organisation for the purposes of Chapter 12 of the Industrial Relations Act 1999 of Queensland; or\n    (c) an association or organisation for the purposes of the Industrial Relations Act 1979 of Western Australia; or\n    (d) a registered association for the purposes of the Fair Work Act 1994 of South Australia; or\n    (e) an organization for the purposes of the Industrial Relations Act 1984 of Tasmania.\n  (2) Unless the contrary intention appears, the following terms have the meaning they would have for the purposes of the Workplace Relations Act 1996 on the reform commencement:\n    (a) employee;\n    (b) employer;\n    (c) employment;\n    (d) State or Territory industrial law.\n\n## 2 Application for transitional recognition\n\n#### 2 Application for transitional recognition\n\n  (1) A State‑registered association may apply to the General Manager for transitional recognition under this Schedule if:\n    (b) immediately before the commencement of this Schedule, it had at least one member who was:\n    (i) an employee whose employment was subject to a State award, a State employment agreement or a State or Territory industrial law; or\n    (ii) an employer in relation to such an employee; and\n    (c) immediately before the commencement of this Schedule, it was entitled to represent the industrial interests of the member in relation to work that was subject to the State award, the State employment agreement or the State or Territory industrial law; and\n    (d) on the reform commencement, the employee will become bound by, or the employment of the employee will become subject to, a preserved State agreement or a notional agreement preserving State awards if he or she continues in that employment; and\n    (e) it is not also an organisation, or a branch of an organisation.\n  (1A) A State‑registered association may also apply to the General Manager for transitional recognition under this Schedule if:\n    (a) it has at least one member who is a transferring employee (within the meaning of the Fair Work Act 2009) and who is, or is likely to be, covered by a copied State instrument for the employee (within the meaning of that Act); and\n    (b) immediately before the employee’s termination time (within the meaning of that Act), it was entitled to represent the industrial interests of the employee in relation to the transferring work of the employee (within the meaning of that Act); and\n    (c) it is not also an organisation, or a branch of an organisation; and\n    (d) it is not, or has not been, transitionally recognised under this Schedule; and\n    (e) the application is made before:\n    (i) the fifth anniversary of the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced; or\n    (ii) if the regulations prescribe a later day—that day.\n    (a) evidence to establish the fact that the association satisfies subclause (1) or (1A); and\n    (b) a copy of the current rules of the association; and\n    (c) a statement setting out:\n    (i) the address of the association; and\n    (ii) each office in the association; and\n    (iii) the name and address of each person holding office in the association.\n  (3) If the General Manager is satisfied that the association satisfies subclause (1) or (1A), the General Manager must, by written instrument, grant the application and record the fact that he or she is so satisfied.\n  (4) An instrument under subclause (3) is not a legislative instrument.\n  (5) The General Manager must give a copy of the instrument to the association.\n  (6) A State‑registered association is taken to be recognised under this Schedule when the General Manager grants the application.\n\n## 3 Application of the Fair Work Act to transitionally recognised associations\n\n#### 3 Application of the Fair Work Act to transitionally recognised associations\n\n  (1) The provisions of the Fair Work Act and Part 3 of Chapter 4 of the Fair Work (Registered Organisations) Act 2009 apply, on and after the commencement of those provisions, in relation to a transitionally recognised association:\n    (a) in the same way as they apply in relation to an organisation; and\n    (b) as if a transitionally recognised association were a person.\n  (2) To avoid doubt, this section does not confer on a transitionally recognised association:\n    (a) a legal identity that it would not otherwise have; or\n    (b) a right to represent its members’ industrial interests outside the State in relation to which it is a State‑registered association.\n\n## 4 Representation rights of transitionally recognised associations of employees\n\n#### 4 Representation rights of transitionally recognised associations of employees\n\n  (1) Regulations made for the purposes of this subclause may make provision for the FWC to make orders in relation to the right of a transitionally recognised association to represent the interests under the Fair Work Act, on and after the commencement of provisions of that Act, of a particular class or group of employees.\n  (2) Without limiting subclause (1), the regulations may specify the weight that the FWC is to give, in making such an order, to a State demarcation order.\n\n## 5 Cancellation of transitional recognition\n\n#### 5 Cancellation of transitional recognition\n\n  Cancellation by the Federal Court\n  (1) A person interested or the Minister may apply, on or after the reform commencement, to the Federal Court for an order cancelling the recognition under this Schedule of a transitionally recognised association on the ground that:\n    (i) the association (in relation to its continued breach of an order of the FWC or an industrial instrument, or its continued failure to ensure that its members comply with and observe an order of the FWC or an industrial instrument, or in any other respect); or\n    (ii) a substantial number of the members of the association (in relation to their continued breach of an order of the FWC or an industrial instrument, or in any other respect);\n    has, on or after the reform commencement, prevented or hindered the achievement of an object of the Workplace Relations Act 1996 as in force at that time, or has, on or after the commencement of section 3 of the Fair Work Act, prevented or hindered the achievement of the object set out in that section; or\n    (b) the association, or a substantial number of the members of the association or of a section or class of members of the association, has engaged in industrial action (other than protected industrial action) that has, on or after the reform commencement, prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have been, or is or are, engaged, on or after the reform commencement, in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following made on or after the reform commencement:\n    (i) an injunction granted under subsection 496(12) of the Workplace Relations Act 1996 (which deals with orders to stop industrial action); or\n    (ii) an order made under section 508 or 509 of that Act (which deal with contraventions of the strike pay provisions); or\n    (iii) an order under section 807 of that Act (which deals with contraventions of the freedom of association provisions); or\n    (iv) an interim injunction granted under section 838 of that Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraphs (i) to (iii); or\n    (e) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with an order under section 23 of this Act (which deals with contraventions of the employee associations provisions) made on or after the reform commencement; or\n    (f) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following made on or after the commencement of the relevant provision:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action);\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections);\n    (iii) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction or order under a provision mentioned in subparagraph (i) or (ii).\n  (1A) A reference in subclause (1), in relation to a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1A), to the reform commencement is taken to be a reference to the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced.\n  (2) The Court must give the association an opportunity to be heard.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;\n  the Court must cancel the recognition of the association under this Schedule.\n  (4) A finding of fact in proceedings under section 496, 508, 509 or 807 of the Workplace Relations Act 1996 commenced on or after the reform commencement is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(d).\n  (4A) A finding of fact in proceedings under section 23 of this Act is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(e).\n  (4B) A finding of fact in proceedings:\n    (a) under Division 4 of Part 3‑3 or Part 4‑1 of the Fair Work Act; or\n    (b) under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act;\n  is admissible as prima facie evidence of that fact in an application made on a ground specified in paragraph (1)(f).\n  Cancellation by the FWC\n  (5) The FWC may cancel the recognition under this Schedule of a transitionally recognised association:\n    (a) on application by the association made under the regulations; or\n    (b) on application by a person interested or by the Minister, if the FWC has satisfied itself, as prescribed, that the association:\n    (i) was recognised by mistake; or\n    (ii) is no longer a State‑registered association.\n  Cancellation by General Manager\n  (6) The General Manager may, by written instrument, cancel the recognition under this Schedule of a transitionally recognised association if he or she is satisfied that the association no longer exists.\n  (7) An instrument under subclause (6) is not a legislative instrument.\n\n## 6 End of transitional recognition\n\n#### 6 End of transitional recognition\n\n  (1) The recognition under this Schedule of a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1) ends:\n    (a) when it is cancelled under clause 5; or\n    (b) when the association becomes an organisation; or\n    (c) in any other case—at the end of:\n    (i) unless subparagraph (ii) or (iii) applies—the fifth anniversary of the earliest day on which an organisation can make an application in accordance with subsection 158A(2); or\n    (ii) if the FWC grants the association an extension under subclause (2) of this clause and subparagraph (iii) does not apply—the sixth anniversary of that day; or\n    (iii) if the FWC grants the association a further extension under subclause (3) of this clause—the seventh anniversary of that day.\n  (1A) The recognition under this Schedule of a transitionally recognised association that has been granted transitional recognition in relation to an application under subclause 2(1A) ends:\n    (a) when it is cancelled under clause 5; or\n    (b) when the association becomes an organisation; or\n    (c) in any other case—at the end of the latest of the following days:\n    (i) the day (the default day) that is the later of the fifth anniversary of the day the Fair Work Amendment (Transfer of Business) Act 2012 commenced and a day prescribed by the regulations;\n    (ii) if the FWC grants the association an extension under subclause (2)—the anniversary of the default day;\n    (iii) if the FWC grants the association a further extension under subclause (3)—the second anniversary of the default day.\n  (2) The FWC may, on application by a transitionally recognised association, grant the association an extension for the purposes of subparagraph (1)(c)(ii) or (1A)(c)(ii) if the FWC is satisfied that the association has made progress towards:\n    (a) becoming an organisation; or\n    (b) rationalising its internal affairs with those of its federal counterpart.\n  (3) The FWC may, on application by a transitionally recognised association, grant the association a further extension for the purposes of subparagraph (1)(c)(iii) or (1A)(c)(iii) if the FWC is satisfied that:\n    (a) the association has made further progress towards:\n    (i) becoming an organisation; or\n    (ii) rationalising its internal affairs with those of its federal counterpart; and\n    (b) there are extenuating circumstances justifying the further extension.\n\n## 7 Modification of this Act\n\n#### 7 Modification of this Act\n\n  Regulations made for the purposes of this clause may modify how section 19 of this Act applies in relation to an association that is a transitionally recognised association.\n\n","sortOrder":3},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Recognised State‑registered associations","content":"Schedule 2—Recognised State‑registered associations\n\nNote: See section 5C.\n\n## 1 Recognition of State‑registered associations\n\n#### 1 Recognition of State‑registered associations\n\n  (1) A State‑registered association may apply to the General Manager for recognition under this Schedule if:\n    (a) the association has no federal counterpart; and\n    (b) the law of a State under which the association is registered is a law to which subclause (2) applies.\n  (2) This subclause applies to a law of a State if the regulations so provide.\n  (3) The application must be accompanied by:\n    (a) a copy of the current rules of the association; and\n    (b) a statement setting out:\n    (i) the address of the association; and\n    (ii) each office in the association; and\n    (iii) the name and address of each person holding office in the association.\n  (4) If the General Manager is satisfied that the association satisfies subclause (1), the General Manager must, by written instrument, grant the application and record the fact that he or she is so satisfied.\n  (5) An instrument under subclause (4) is not a legislative instrument.\n  (6) The General Manager must give a copy of the instrument to the association.\n  (7) A State‑registered association is taken to be recognised under this Schedule when the General Manager grants the application.\n\n## 2 Application of Fair Work Act to recognised State‑registered associations\n\n#### 2 Application of Fair Work Act to recognised State‑registered associations\n\n  (1) The provisions of the Fair Work Act 2009 and Part 3 of Chapter 4 of this Act apply in relation to a recognised State‑registered association:\n    (a) in the same way as they apply in relation to an organisation; and\n    (b) as if a recognised State‑registered association were a person.\n  (2) To avoid doubt, this section does not confer on a recognised State‑registered association:\n    (a) a legal identity that it would not otherwise have; or\n    (b) a right to represent its members’ industrial interests outside the State in relation to which it is a State‑registered association.\n\n## 3 Cancellation of recognition\n\n#### 3 Cancellation of recognition\n\n  Cancellation by the Federal Court\n  (1) A person interested or the Minister may apply to the Federal Court for an order cancelling the recognition under this Schedule of a recognised State‑registered association on the ground that:\n    (i) the association (in relation to its continued breach of an order of the FWC or an industrial instrument, or its continued failure to ensure that its members comply with and observe an order of the FWC or an industrial instrument, or in any other respect); or\n    (ii) a substantial number of the members of the association (in relation to their continued breach of an order of the FWC or an industrial instrument, or in any other respect);\n    has, on or after the commencement of this Schedule, prevented or hindered the achievement of an object of this Act as in force at that time; or\n    (b) the association, or a substantial number of the members of the association or of a section or class of members of the association, has engaged in industrial action (other than protected industrial action) that has, on or after the commencement of this Schedule, prevented, hindered or interfered with:\n    (ii) the provision of any public service by the Commonwealth or a State or Territory or an authority of the Commonwealth or a State or Territory; or\n    (c) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have been, or is or are, engaged, on or after the commencement of this Schedule, in industrial action (other than protected industrial action) that has had, is having or is likely to have a substantial adverse effect on the safety, health or welfare of the community or a part of the community; or\n    (d) the association, or a substantial number of the members of the association or of a section or class of members of the association, has or have failed to comply with one of the following, made on or after the commencement of this Schedule:\n    (i) an injunction granted under subsection 421(3) of the Fair Work Act (which deals with orders to stop industrial action);\n    (ii) an order made under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act (which deals with general protections);\n    (iii) an interim injunction granted under section 545 of the Fair Work Act so far as it relates to conduct or proposed conduct that could be the subject of an injunction under a provision mentioned in subparagraph (i) or (ii);\n    (iv) an order under section 23 of this Act (which deals with contraventions of the employee associations provisions).\n  (2) The Court must give the association an opportunity to be heard.\n    (b) does not consider that it would be unjust to do so having regard to the degree of gravity of the matters constituting the ground and the action (if any) that has been taken by or against the association in relation to the matters;\n  the Court must cancel the recognition of the association under this Schedule.\n  (4) A finding of fact in:\n    (a) proceedings commenced on or after the commencement of this Schedule:\n    (i) under section 421 of the Fair Work Act; or\n    (ii) under the Fair Work Act in relation to a contravention of Part 3‑1 of that Act; or\n    (b) proceedings under section 23 of this Act;\n  Cancellation by the FWC\n  (5) The FWC may cancel the recognition under this Schedule of a recognised State‑registered association:\n    (a) on application by the association made under the regulations; or\n    (b) on application by a person interested or by the Minister, if the FWC has satisfied itself, as prescribed:\n    (i) that the association was recognised by mistake; or\n    (ii) that the association is no longer a State‑registered association; or\n    (iii) that the association has been found by another industrial body (within the meaning of the Fair Work Act) to have contravened a State or Territory industrial law, and that the contravention constitutes serious misconduct.\n  Cancellation by General Manager\n  (6) The General Manager may, by written instrument, cancel the recognition under this Schedule of a recognised State‑registered association if he or she is satisfied that the association no longer exists.\n  (7) An instrument under subclause (6) is not a legislative instrument.\n  Cancellation if subclause 1(2) no longer applies\n  (8) The recognition under this Schedule of a recognised State‑registered association is taken to be cancelled if the law of a State under which the association is registered ceases to be a law to which subclause 1(2) applies.\n\n","sortOrder":4},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Applications for withdrawal from the CFMEU","content":"Schedule 3—Applications for withdrawal from the CFMEU\n\nNote: See section 5D\n\n## 1 Definitions\n\n#### 1 Definitions\n\n  In this Schedule:\n\n> CFMEU means:\n\n    (a) the registered organisation named, as at 2 December 2023, as the Construction, Forestry and Maritime Employees Union; or\n    (b) if the organisation (the old organisation) mentioned in paragraph (a) changes its name, or amalgamates with any other registered organisation of which the old organisation becomes a part under Part 2 of Chapter 3 of this Act—the old organisation under its new name or the other organisation (as the case requires).\n\n> Manufacturing Division means the Manufacturing Division as defined in the rules of the CFMEU at the commencement of this clause.\n\n> new organisation means the organisation that is registered pursuant to section 110 of the old Act as a result of the withdrawal of the Manufacturing Division from the CFMEU.\n\n> old Act means this Act as in force immediately before the commencement of Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.\n\n> Note: Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 commenced on 27 February 2024. The old Act means this Act as in force on 26 February 2024.\n\n> old Regulations means the Fair Work (Registered Organisations) Regulations 2009 as in force immediately before the commencement of Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.\n\n> Note: Part 13 of Schedule 1 to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 commenced on 27 February 2024. The old Regulations means the Fair Work (Registered Organisations) Regulations 2009 as in force on 26 February 2024.\n\n## 2 Joint written notice\n\n#### 2 Joint written notice\n\n  (1) This clause applies if the Manufacturing Division is proposing to withdraw from the CFMEU.\n  (2) The CFMEU and the committee of management of the Manufacturing Division may give the Minister a notice, made jointly in writing, containing the following:\n    (a) a statement of the name, and a copy of the rules, proposed for the organisation (the new organisation) that the Manufacturing Division is to be registered as when the withdrawal from amalgamation takes effect;\n    (b) a statement of the name, and a copy of the alterations of the rules, proposed for the CFMEU when the withdrawal from amalgamation takes effect;\n    (c) if there is any overlap between the eligibility rules proposed for the new organisation and the eligibility rules for the CFMEU as proposed to be altered—details of the overlap, along with undertakings from the committee of management of the Manufacturing Division and the CFMEU about how the Manufacturing Division and the CFMEU will avoid demarcation disputes that might otherwise arise from the overlap.\n  (3) A joint written notice under subclause (2) must:\n    (a) state that the committee of management of the Manufacturing Division and the CFMEU have reached agreement on the following matters:\n    (i) the name of the CFMEU when the withdrawal from amalgamation takes effect;\n    (ii) the eligibility rules included in the copy of the rules proposed for the new organisation when the withdrawal from amalgamation takes effect;\n    (iii) the eligibility rules for the CFMEU as proposed to be altered when the withdrawal from amalgamation takes effect; and\n    (b) be signed by:\n    (i) a person authorised by the committee of management of the CFMEU to sign the notice; and\n    (ii) a person authorised by the committee of management of the Manufacturing Division to sign the notice.\n  (4) A reference to a committee of management in subclause (2) or (3) is taken to be a reference to the committee of management as constituted at the time the joint written notice is signed.\n\n## 3 Application to withdraw from the CFMEU\n\n#### 3 Application to withdraw from the CFMEU\n\n  (1) Notwithstanding any other provision of this Act, an application may be made to the FWC for a secret ballot to be held to decide whether the Manufacturing Division should withdraw from the CFMEU.\n  (2) Part 3 of Chapter 3 of the old Act, and the old Regulations, apply (subject to this Schedule) in relation to the application and anything done in relation to the application (whether before or after the commencement of this clause).\n  (3) An application under subclause (1) cannot be made after 31 October 2024.\n  (4) If an application is made under subclause (1), the application is to be treated (subject to this Schedule) for all purposes as though the application were made pursuant to section 94 of the old Act.\n\n## 4 Operation of old Act and old Regulations if joint written notice is given by deadline\n\n#### 4 Operation of old Act and old Regulations if joint written notice is given by deadline\n\n  (1) If a joint written notice is given to the Minister under subclause 2(2) on or before 30 August 2024, the Minister may, by legislative instrument, make a determination:\n    (a) specifying that, if an application under subclause 3(1) is made, Part 3 of Chapter 3 of the old Act, and the old Regulations, apply, subject to the determination, in relation to the application and anything done in relation to the application (whether before or after the commencement of this clause); and\n    (b) modifying the operation of provisions of the old Act, or provisions of the old Regulations:\n    (i) to deal with matters relating to the application or anything that is connected with or arises from the application; or\n    (ii) to facilitate or give effect to the withdrawal from amalgamation or anything that is connected with or arises from the withdrawal.\n  (2) Without limiting subclause (1), a determination may make provision in relation to the matters dealt with in clause 5.\n  (3) A determination under subclause (1) cannot be made after 31 October 2024.\n\n## 5 Operation of old Act and Regulations if joint written notice not given by deadline\n\n#### 5 Operation of old Act and Regulations if joint written notice not given by deadline\n\n  (1) If a joint written notice is not given to the Minister under subclause 2(2) on or before 30 August 2024, the provisions of this clause have effect.\n  (2) The following provisions of the old Act do not apply in respect of an application made under subclause 3(1):\n    (a) subsections 94(1) and (2);\n    (b) section 94A;\n    (c) subsections 95A(3) and (6).\n  (3) An application made under subclause 3(1) is not required to comply with the following provisions of the old Regulations:\n    (a) paragraph 83(a);\n    (b) paragraph 83(c);\n    (c) paragraph 83(d);\n    (d) paragraph 83(f);\n    (e) particulars 2, 3 and 4 of Form 2 in Schedule 3.\n  (4) Paragraph 83(b) of the old Regulations has effect as if a reference to the eligibility rules of the amalgamated organisation immediately before the application for a ballot is made were a reference to the eligibility rules of the amalgamated organisation as at 2 December 2023.\n  (5) A reference in the old Act or the old Regulations to:\n    (a) amalgamated organisation is taken to be a reference to the CFMEU; and\n    (b) constituent part or separately identifiable constituent part is taken to be a reference to the Manufacturing Division.\n\nNote 1: It follows that, for example, for the purposes of the following provisions of the old Act, the Manufacturing Division is taken to be the relevant separately identifiable constituent part:\n\n    (a) the definitions of constituent member and proposed withdrawal from amalgamation in subsection 93(1);\n    (b) paragraph 94(3)(c);\n    (c) paragraph 109(2)(d);\n    (d) paragraph 109(3)(d);\n    (e) section 111.\n\nNote 2: For the purposes of paragraph (e) of Note 1, section 111 does not apply to all persons eligible to be members of the Manufacturing Division (see subclause (9)).\n\n  (6) If an application is made under subclause 3(1) or subsection 109(1) of the old Act, a reference to a committee of management in the following provisions of the old Act is taken to be a reference to the committee of management as constituted at the time the application is made:\n    (a) subsection 94(3);\n    (b) subsection 109(3).\n  Eligibility rules of new organisation and CFMEU\n  (7) Section 95A of the old Act has effect as if subsections (4) and (5) of that section were omitted and the following subsections were substituted:\n  “(4) The eligibility rules of the new organisation must reflect the following rules of the CFMEU as at 2 December 2023:\n    (a) 2(C);\n    (b) 2(F), but must exclude:\n    (i) persons who are engaged in Queensland, the Australian Capital Territory or the Northern Territory; and\n    (ii) floor covering layers in Queensland or Western Australia; and\n    (iii) persons who are engaged in the plate, sheet or ornamental glass industry in New South Wales or Western Australia and persons engaged in or in connection with the following industries or trades in New South Wales or Western Australia: plate and sheet glass in warehouses, shops, factories or stores, glass bevellers, glass benders, glass workers (excepting those on spectacles, lenses or frames and employees in firms where such employees are engaged on work connected with the manufacture or repair of scientific, precision or other instruments such as binoculars, microscopes, military, aircraft and naval instruments), glass lampshade workers, safety glass workers, glaziers, glass polishing, cutting, painting, cementing, leadlight glaziers and cutters and plate‑glass factories and luxfer glazing;\n    (c) 2(P)(D);\n    (d) 2(P)(G);\n    (e) 2(R).\n  (5) The eligibility rules of the CFMEU, as proposed to be altered, must not overlap with the eligibility rules of the new organisation when the withdrawal from amalgamation takes effect.”.\n  (8) Subsection 95A(11) of the old Act has effect as if the words “or (3)” were omitted.\n  (9) Notwithstanding the definition of Manufacturing Division in clause 1, and paragraph (5)(b) of this clause, section 111 of the old Act (which deals with transfers of membership following withdrawal) does not apply in relation to persons not eligible to be members of the new organisation.\n  Orders for ballots\n  (10) Notwithstanding the old Act and the old Regulations, if the application seeks, pursuant to subsection 100(3) of the old Act, that the FWC make orders that the vote of the constituent members be done in whole or in part by attendance ballot, the FWC must make the orders.\n\n## 6 Alteration of eligibility rules of new organisation and CFMEU under this Act after withdrawal\n\n#### 6 Alteration of eligibility rules of new organisation and CFMEU under this Act after withdrawal\n\n  (1) This clause applies if the Manufacturing Division withdraws from the CFMEU.\n  (2) Notwithstanding any other provision of this Act, the FWC or the General Manager must not, after the withdrawal from amalgamation takes effect and before 1 January 2034, consent to an alteration of the eligibility rules of the CFMEU if the FWC or the General Manager (as the case requires) is satisfied that:\n    (a) the alteration to the eligibility rules would result in an overlap between the eligibility rules of the CFMEU and the new organisation; and\n    (b) the new organisation has raised an objection to the alteration with the FWC or the General Manager (as the case requires).","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"s6 (definition of 'serious contravention')","severity":"medium","reasoning":"Criteria (a) and (b) provide substantive tests (material prejudice to interests, or ability to pay creditors), but criterion (c) adds nothing analytically — it is entirely tautological. A court or decision-maker applying criterion (c) must determine seriousness by reference to seriousness itself. While legislative drafters sometimes use such formulations intentionally to preserve flexibility, it creates a logically closed loop with no external referent.","confidence":0.92,"description":"The definition of 'serious contravention' includes as criterion (c) that the contravention 'is serious'. This is a purely circular definition that provides no substantive guidance. A contravention is serious if it is serious."},{"type":"other","section":"s9B(6)","severity":"medium","reasoning":"Under s9B(6), legal status is triggered by subjective belief or reasonable grounds for belief about a future contingency. This means an entity with no current connection to an organisation becomes a 'related party' today solely because it thinks it might become one tomorrow. The classification depends on the entity's state of mind about its own future classification — a form of self-referential prospective status. It also means the organisation's compliance obligations with respect to that entity arise before any actual relationship exists, making compliance planning extremely difficult and potentially arbitrary.","confidence":0.85,"description":"An entity is deemed a 'related party' of an organisation at a particular time merely because the entity 'believes or has reasonable grounds to believe' it is likely to become a related party in the future. This creates a prospective-belief-based present legal status, which is logically incoherent: the entity's own belief or expectations about a future state of affairs determines its current legal classification, independently of any objective existing relationship."},{"type":"other","section":"s6 (definition of 'remuneration') and s6 (definition of 'non-cash benefit')","severity":"low","reasoning":"The carve-out from 'non-cash benefit' for work-use electronic devices means such devices are not non-cash benefits. But they are also explicitly excluded from 'remuneration' (which excludes non-cash benefits). The result is that these items have no statutory characterisation under the disclosure and accountability provisions that use these defined terms. This may create gaps in officer disclosure obligations relating to benefits received.","confidence":0.75,"description":"The definition of 'remuneration' expressly excludes 'non-cash benefit', and 'non-cash benefit' excludes computers, mobile phones or other electronic devices used only or mainly for work purposes. This means a work-use laptop provided as employment compensation is neither remuneration nor a non-cash benefit — it falls into a definitional void with no regulatory category."},{"type":"self_contradicting","section":"s5A(1) and s5A(2)","severity":"medium","reasoning":"Binding the Crown to legal obligations while simultaneously immunising it from prosecution for breach of those obligations creates a structurally unenforceable obligation against the Crown for all offence-based provisions. While civil penalty provisions would still apply, many obligations in the Act are framed as criminal offences. The Crown's exemption from prosecution means its 'binding' by the Act is, for those provisions, effectively nominal.","confidence":0.8,"description":"The Act binds the Crown 'in each of its capacities' under s5A(1), yet s5A(2) provides the Crown cannot be prosecuted for an offence. Given that many substantive obligations in the Act are enforced through criminal offence provisions, the practical effect is that the Crown is bound in name but immune from the primary enforcement mechanism, substantially hollowing out the obligation."},{"type":"other","section":"s6 (definition of 'financial records')","severity":"low","reasoning":"Paragraph (b) — 'any other record of information' — subject only to a nexus with 'finances or financial administration', is extraordinarily expansive. An email about a meeting agenda could relate to financial administration. The definition provides no meaningful limiting principle, making the boundary of regulated records practically indeterminate. While common in financial regulation, the combination of specific examples (register, financial reports, document) alongside an unlimited general category is internally redundant.","confidence":0.65,"description":"The definition of 'financial records' includes 'any other record of information' to the extent it relates to finances or financial administration. This is so broad as to potentially encompass virtually any document in an organisation, since almost any record could be characterised as relating to financial administration in some respect. The definition swallows itself."},{"type":"self_contradicting","section":"s19(1)(j) and s19(2)","severity":"medium","reasoning":"The legislative scheme in s19(1)(j) is designed to prevent unnecessary fragmentation of representation. But the escape hatch in s19(2) allows registration to proceed even where all three conditions making s19(1)(j) problematic are satisfied — i.e., where a more suitable organisation already exists. The substantive requirement is thus reduced to a procedural undertaking, contrary to the Parliament's stated intention in s5(3)(e) to 'facilitate the registration of a diverse range of organisations' while also ensuring effective representation.","confidence":0.78,"description":"Section 19(1)(j) requires, as a condition of registration, that there be no more convenient or representative existing organisation for the applicant's members. However, s19(2) provides that this requirement is 'taken to have been met' if an undertaking about demarcation disputes is accepted — meaning an association can be registered even where a more appropriate organisation exists, provided it makes undertakings. This effectively nullifies the gatekeeping function of s19(1)(j)."},{"type":"other","section":"s6 (definition of 'collegiate electoral system')","severity":"medium","reasoning":"The parenthetical inclusion of 'the office to which the election relates' in the definition means that an incumbent officeholder can be included in the 15% cohort at a subsequent stage of a collegiate election, and that body then elects to 'the office to which the election relates'. The incumbent thus participates in their own re-election as a non-elected member of the electoral college, undermining the democratic integrity that s5(3)(d) requires the Act to provide. This is at odds with the Act's stated purpose of providing 'democratic functioning and control'.","confidence":0.72,"description":"The 15% threshold in the definition of 'collegiate electoral system' permits a body of persons at a subsequent stage to include persons 'holding offices in the organisation (including the office to which the election relates)'. This means persons can participate in electing themselves to an office they already hold, which is logically inconsistent with a genuine election process."},{"type":"self_contradicting","section":"s30(1)(c)(iv)","severity":"medium","reasoning":"The phrase 'before the application' in s30(1)(c)(iv) is borrowed from the application-based context of s19(1)(c) but has been imported into a provision dealing with the FWC's own-motion power where no application exists. This creates an impossible compliance or measurement reference point: 6 months before what event? The provision cannot be applied as written when the FWC initiates cancellation of its own motion, leaving the temporal scope of the membership assessment undefined.","confidence":0.82,"description":"The FWC may cancel an organisation's registration on its own motion where 'the organisation is an organisation of employers and the members who are employers have, in the aggregate, throughout the 6 months before the application, not employed on an average taken per month at least 50 employees'. However, s30(1)(c) specifies this is action 'on the FWC's own motion', yet the text refers to 'the 6 months before the application' — there is no application when the FWC acts on its own motion, making the time-reference internally incoherent."}],"contradictions":[{"severity":"medium","section_a":"s5(3)(e) — facilitate registration of a diverse range of organisations","section_b":"s19(1)(j) — registration refused where more convenient/representative organisation exists","confidence":0.8,"description":"Parliament's stated intention to 'facilitate the registration of a diverse range of employer and employee organisations' directly conflicts with the registration criterion that bars registration where a more convenient or representative organisation already exists. Facilitating diversity necessarily involves permitting registration of associations that overlap with existing organisations, yet s19(1)(j) operates to prevent precisely that."},{"severity":"low","section_a":"s6 (definition of 'this Act' — includes regulations)","section_b":"s15 — Part 2.5 of Criminal Code does not apply to 'offences against this Act'","confidence":0.68,"description":"Since 'this Act' is defined in s6 to include regulations made under the Act, the disapplication of Part 2.5 of the Criminal Code in s15 extends to offences created by regulation. This may not have been intended, as regulations are subordinate legislation and the Criminal Code's corporate criminal responsibility provisions are ordinarily applicable to all Commonwealth offences. The breadth of the definition of 'this Act' creates an unintended reach for s15."},{"severity":"medium","section_a":"s9B(5) — entity remains related party for 6 months after ceasing to be a related party","section_b":"s9B(4) — entity controlled by related party is itself a related party unless also controlled by the organisation","confidence":0.75,"description":"Under s9B(5), a former related party retains that status for 6 months. Under s9B(4), an entity controlled by a related party (including a former-related-party still within the 6-month window under s9B(5)) is itself a related party. This creates cascading, potentially indefinite chains of 'related party' status that may extend far beyond any genuine connection to the organisation, and may ensnare entities that have no knowledge of the underlying historical relationship."},{"severity":"medium","section_a":"s20(1)(b) — enterprise association must be free from employer control or influence","section_b":"s20(1A) — FWC may decide association is free from control despite person having interest in enterprise","confidence":0.77,"description":"Section 20(1)(b) sets a mandatory condition that an enterprise association be free from employer control or improper influence as a prerequisite to registration. Section 20(1A) then grants the FWC a discretion to find the association free from such control 'despite the interest'. The mandatory condition in s20(1)(b) is thereby rendered discretionary by s20(1A), creating a contradiction between the compulsory nature of the criterion and its discretionary application."},{"severity":"low","section_a":"s6 (definition of 'employee' — ordinary meaning, excludes vocational placements)","section_b":"s6 (definition of 'excluded auditor' — 'employee has the same meaning as in Part 3 of Chapter 8')","confidence":0.65,"description":"The general definition of 'employee' in s6 excludes persons on vocational placements. However, the definition of 'excluded auditor' provides that for its purposes, 'employee' has the same meaning as in Part 3 of Chapter 8, which may differ. This creates two parallel and potentially inconsistent definitions of 'employee' operating within the same section of the Act, which could cause inconsistency in determining who is an excluded auditor."}]},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The provided text appears to be the preliminary and early operative provisions of the Act. While the Act has likely grown through amendments since 2009 (evidenced by references to sections like 323A regarding CFMEU and Schedule 3), the core scope remains focused on registration, accountability, and governance of organisations as originally intended in section 5."},"complexity_factors":["Extensive cross-referencing with the Fair Work Act 2009, Corporations Act 2001, and other legislation","Multiple overlapping definitions with conditional exceptions (e.g., 'federally registrable' has different tests for employers, employees, and enterprise associations)","Complex constitutional validity provisions (section 18D) with multiple contingency scenarios","Nested conditional logic in registration criteria (sections 19-20) with multiple mandatory and discretionary factors","Detailed definition of 'office' (section 9) with five categories and multiple sub-conditions","Elaborate 'related party' definition (section 9B) with 8 subsections and look-back/look-forward provisions","Multiple schedules with transitional and special case provisions (Schedules 1-3 referenced but not fully shown)","Interaction between civil penalty provisions, offence provisions, and the Regulatory Powers Act"],"plain_english_summary":"This legislation, the **Fair Work (Registered Organisations) Act 2009**, sets up the rules for how unions (employee organisations) and employer associations can register with the federal government to gain special legal rights and privileges.\n\n**What it does:**\n- **Registration**: It allows three types of associations to register as \"organisations\": employer associations, employee associations (unions), and enterprise associations (workplace-specific unions). To register, they must meet criteria like having enough members, being free from improper control, and having proper rules.\n- **Standards**: It imposes accountability standards on registered organisations, including financial reporting, democratic elections, and proper governance.\n- **Protection**: It protects workers and employers from being punished for trying to form or join associations.\n- **Cancellation**: It provides ways to cancel an organisation's registration if they break the rules seriously, engage in unlawful industrial action, or cease to be representative.\n- **Schedules**: It includes special provisions for state-registered associations transitioning to federal recognition, and specific rules about the CFMEU (Construction, Forestry, Maritime, Mining and Energy Union).\n\n**Who it affects:**\n- Unions and employer associations seeking federal registration\n- Members of these organisations\n- Employers and employees in the federal workplace relations system\n- The Fair Work Commission (FWC) and Federal Court, which administer the Act\n\n**Why it matters:**\nRegistration gives organisations significant powers under workplace law, including the right to represent members in bargaining, disputes, and industrial action. This Act ensures these powerful bodies are accountable, financially transparent, and democratically run, while protecting the rights of members to participate without fear of retaliation."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original intent was to consolidate and modernise registration and accountability rules for unions and employer organisations. Over time, the Act has expanded significantly beyond that core purpose to include: detailed officer financial disclosure and related-party transaction rules (borrowing heavily from corporate governance law); specific provisions targeting the CFMEU (Schedule 3 on withdrawal applications); whistleblower/reprisal protections (Part 4A of Chapter 11); administrator appointment powers for non-compliant schemes; and recognition of state-registered associations. What began as a registration framework has evolved into a comprehensive governance and accountability regime for industrial organisations, with enforcement mechanisms that increasingly mirror those used for corporations."},"complexity_factors":["Extensive cross-referencing with the Fair Work Act 2009, Corporations Act 2001, Family Law Act 1975, Superannuation Industry (Supervision) Act 1993, and multiple other statutes — readers must consult multiple laws simultaneously","Lengthy and highly technical definitions section with over 60 defined terms, many of which are themselves defined by reference to other Acts","Multi-layered registration criteria that differ depending on the type of association (employer, employee, or enterprise association) and constitutional validity considerations","Complex 'related party' provisions (section 9B) with six distinct pathways to becoming a related party, mirroring corporate law concepts applied to a union context","Constitutional law overlay — section 18D requires assessment of Commonwealth legislative power, a concept requiring significant legal expertise","Multiple enforcement mechanisms operating in parallel: civil penalties, criminal offences, Federal Court orders, FWC powers, and administrative cancellation","Schedules dealing with transitionally recognised associations, state-registered associations, and CFMEU withdrawal applications add substantial additional complexity","Collegiate and direct voting system definitions involve precise numerical thresholds and multi-stage processes","The Act has been significantly amended over time (evidenced by references to sections like 323A, 323B, 323C, 323MA) creating layered provisions that are difficult to read without legislative history"],"plain_english_summary":"## What is this law?\n\nThe **Fair Work (Registered Organisations) Act 2009** is the rulebook for **unions and employer groups** (called \"registered organisations\") in Australia's national workplace relations system. Think of it as a constitution for how unions like the CFMEU or employer bodies like the Australian Industry Group must be run.\n\n## Who does it affect?\n\n- **Union members**: Your union must be democratic, financially transparent, and run in your interests — this law enforces that.\n- **Union and employer organisation leaders (officers)**: You face serious legal obligations about financial management, disclosure of conflicts of interest, and democratic governance. Breaches can result in fines or disqualification.\n- **Employers**: You cannot penalise workers for forming or joining an employee association.\n- **Workers/employees**: You are protected from being sacked or disadvantaged for participating in the formation or registration of a workplace association.\n- **The organisations themselves**: They must register with the Fair Work Commission (FWC — Australia's national workplace tribunal) and comply with ongoing rules to keep their registration.\n\n## What does it actually do?\n\n**1. Registration system** — Unions and employer groups must apply to the FWC to be officially registered. Registration gives them important legal rights (like being able to bargain for wages). To register, they must meet minimum membership thresholds (e.g., 50 members for most employee associations), have proper rules, and not overlap confusingly with existing organisations.\n\n**2. Democratic standards** — Organisations must hold proper elections (supervised by the Australian Electoral Commission), give all financial members a vote, and follow fair electoral procedures.\n\n**3. Financial accountability** — Officers (leaders) must disclose conflicts of interest and dealings with \"related parties\" (family members, entities they control, etc.). Organisations must prepare annual financial reports and have them independently audited.\n\n**4. Protections for workers** — Employers cannot sack or disadvantage workers for trying to form or join a union. Unions also cannot pressure employers or workers unfairly in this context.\n\n**5. Cancellation of registration** — The Federal Court or the FWC can strip an organisation of its registration if it repeatedly breaks workplace laws, engages in unlawful industrial action (strikes/stoppages that aren't legally protected), or falls below minimum membership requirements.\n\n**6. Special CFMEU provisions** — There are specific rules (in Schedule 3) about workers leaving the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), reflecting recent regulatory attention on that union.\n\n## Why does it matter?\n\nWithout registration under this Act, a union or employer group **loses powerful legal rights** — including the right to bargain for pay agreements and take protected industrial action (legal strikes). This law is the gatekeeper. It ensures that organisations exercising those rights are genuinely representative of their members, democratically run, and financially accountable."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-registered-organisations-act-2009","history":"/api/acts/fair-work-registered-organisations-act-2009/history","analysis":"/api/acts/fair-work-registered-organisations-act-2009/analysis","conflicts":"/api/acts/fair-work-registered-organisations-act-2009/conflicts","importantCases":"/api/acts/fair-work-registered-organisations-act-2009/important-cases","documents":"/api/acts/fair-work-registered-organisations-act-2009/documents"}}